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Glass. 
Book. 



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SPEECHES 



DIFFERENT GOVERNORS, 



Legislature o? the State o£ Xew-\ork, 

COMMENCING WITH THOSE OE 

ftEORGE CLINTON, AND CONTINUED DOWN 
TO THE PRESENT TIME. 



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ALBANY: 

PRIJfTKO AND PUBLI3HBD, BT J. B. YAN ^EEH^BKRGH, 



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INDEX. 

GEORGE CLINTON. 



Tlie Speeches of Governor George Clinton, to the Legislaturt 
State of New-York, -were delivered in the following order 
mencing on the pages set opposite their respective dates. 

Kingston, September 10, 1777, , _ _ . 
Poughkeepsie, October 13, 1778, . - - . 

Kingston, August 24, 1779, . - - - _ 
Poughkeepsie, September 7, 1780, - - - _ 
Poughkeepsie, October 23, 1781, , - - . 

Poughkeepsie, July 11, 1782, 

New-York, January 21, 1784, - . . - . 

New-York, October 18, 1784, 

New-York, January 16, 1786, 

New-York, January 13, 1787, 

Poughkeepsie, January 11, 1788, - - - - 

Albany, December 1 1 , 1788, 

Albany, July 6, 1789, 

New-York, January 5, 1791, 

New-York, January, 5, 1792, . - - - i 
New-York, November 6, 1792, - - - 

Albany, January 7, 1794, 

Greenwich, Januarys, 1795, Letter and Message, 

Albany, January^6, 1802, 

Albany, January 25, 1803, . . - - - 
Albany, January 31, 1804, 



of {lie 
Com- 

PAGE. 
- 9 

II 

13 
15 
17 

19 
20 
25 
27 
30 
33 
34 
36 
37 
39 
■ 40 
41 
45 
68 
72 
76 



JOHN JAY. 



The Speeches of Governor John Jay, were delivered in the following 
order : Commencing on the^ pages set opposite their respective 
dates, 

PAGE. 

New- York, January 6, 1796, 47 

New-York, November 1, 1796, 51 

Albany, January 2, 1798, .54 

Albany, August 9, 1798, 57 

Albany, January 28, 1800, 60 

Albany, November 4, 1800, 64 



MORGAN LEWIS. 



Governor Lewis'' Speeches were delivered in the following order 



PAGE. 



Albany, November 6, 1804, - - - - - 81 
Albany, January 28, 1806, ---... 85 
Albany, January 27, 1807, - - . , 92 



DANIEL D. TOMPKINS. 



Governor Tompkins^ Speeches were delivered in thefollotving order : 

PACE. 

Albany, January 26, 1808, - - * - - - - 97 

Albany, November 1, 1808, 101 

Albany, January 30, 1810, . . . . , 105 

Albany, January 29, 1811, 109 

Albany, January 28, 1812, 112 

Albany, November 3, 1812, 120 

Albany, January, 25, 1814, 123 

Albany, September 27, 1814, 127 

Albany, February 2, 1816, 130 

Albany, November 5, 1816, i z z ' ' 134 



DE WitT CLINTON. 



The Speeches of Governor De Witt Clinton, were delivered in the 
following order : 

PAGE. 

Albany, January 27, 1818, 138 

Albany, January 5, 1819, 151 

Albany, January 4, 1820, -.,... 166 

Albany, November?, 1820, 177 

Albany, January 2, 1822, .... - 186 

Albany, January 4, 1825, a Message, - - - 22P. 



JOSEPH C. YATES. 



The Messages of Governor Yates, were transmitted to the Legisla- 
ture, in the following order : 

PAGE- 

Albany, January 7, 1823, ..... 202 

Albany, January 6, 1824, 207 

Albany, .August 2, 1824, - - - , . 218 



INTRODUCTION, 

This publication was undertaken under an impression, that it 
Would prove a useful manual to every citizen, who is interested in 
the welfare, character, happiness and grandeur of the State of 
New-York. The Speeches of the different Governors, subse- 
quent to our emancipation from the yoke of Colonial servitude, 
are here collected, for the first time, and arranged with conformi- 
ty to chronological correctness. A compilation like the present, 
has long been wanted ; as it was only by reference to the perisha- 
ble publications of the day, or to the documents in the public 
offices, that we were enabled to obtain a knowledge of the con- 
tents of the executive communications to the successive Legisla- 
tures. 

The different Speeches and Messages are here presented to 
the reader in a form which enables him, with little trouble, to ob- 
tain much useful information, and to form an acquaintance with the 
political history of the state : And with this guide before him, 
the statesman will be assisted in tracing the march of a wise peo- 
ple, and in observing the means, by which New-York has atchiev- 
dd the greatness which has rendered her' the most powerful mem- 
ber of the American confederacy. 



GOVERNORS' SPEECHES, 



A meeting of the Legislature of the State of Ketii-York, xvas heU at 
Kingston^ September Plinth, one thovscatd seven hundred and 
seventy-seven ; Ziehen, after some peliminary proceedings, they, 
adjourned to the folloxiw'vg day ; at nhich time they met the 
Governor at '•'the Court-Room,'''' ■sohe?i lie made thefollorving 

SPEECH : 

Gentlemen of the Senate, and General Assembly, 

The invasion of the state, on the northern and western frontiers, 
and the prospect of an attack by General Howe, on the fortresses 
in the highlands, obliged me to prorogue the legislature, and to de- 
ny myself the pleasure of seeing our free and happy constitution 
so early organized as I could have wished. This I was the more 
readily led to do, as well from the busy season of the year, as the 
confidence which the people justly reposed in the abilities and in- 
tegrity of the gentlemen in whom the administration of government 
was then vested. 

At present, by the kind interposition of Providence, the cloud 
which hung over us seems in a great measure dispelled, and v.e 
have reason to expect a happy issue to this campaign. 

The good conduct and bravery of the garrison of Fort Schuyler^ 
seconded by the intre])idity of the late gallant General Herkcmer, 
and the militia of Tryon county, have entirely frustrated the de- 
signs of the enemy upon that part of the state ; and obliged them, 
after the loss of a great part of their army, with the most of their 
baggao"e and artillery, disgracefully to abandon their enterprise. 

The complete victory gained near Bennington, by the valour of 
the militia of N'ew-Hampshire, Massachusetts Bay, and the north- 
eastern counties of this state, together witii a small body of conti- 
nental troops, we have reason to hope will ciisck the })rogress of 
the enemy's arms, and secure our northern frontiers, 1 have, 
however, thought it proper, in order to strengthen the army com- 
manded by Major-General Gates, and to repress the incursions of 
the savages to the westward, to embody part of the miUtia, and. 
march them to the northward. I have also made a further draft, 
for the protection of the exposed inhabitants of the county of West 

2 



iO aOVERNORS' SPEECHES. 

Chester, and for the defence of the posts in the highlands ; which I 
have the pleasure of assuring you, are in so respectable a state of 
defence, as to promise us securit}' against any attack on that quar- 
ter. This, together with the several obstructions jn Hudson's ri- 
ver, has probably induced General Howe to alter his original plan, 
and to adopt another, which, from the vigilance of his excellency 
Genei-al Wr.shington, and the spirit of the southern militia, we have 
reason to hope will prove equally abortive, 

Gentlemen of the Senate, and General Assembly, 

As the security of every free state must, under God, depend 
upon its internal strength, 1 take this early opportunity' to recom- 
mend to you, as a matter of the utmost importance, a speedy revi- 
sion of our militia laws, which having been drawn at the commence- 
ment of this controversy, are^ from an alteration in circumstances, 
become inapplicable to our present situation. 

The state of our finances, likewise, claims your serious attention. 
The want of an organized government, has hitherto rendered it im- 
possible to make any provision for sinking the money, which the 
■war obliged us to issue ; and we have thus accumulated a debt, 
which, if neglected, will not only prove burthensome to the state, 
but strike at the credit of our currency, which it behoves us so 
much to support. 

You wdl easily perceive, gentlemen, from the long suspension of 
law, and the disorder incident thereto, the necessity of making pro- 
per provision for the support of government ; on the vigour and 
dignity of which, the tranquihty of the state will, in a great mea- 
sure, depend. 

As the constitution has not prescribed the particular mode, in 
which elections are to be conducted, you will turn your atten- 
tion to some law, for that very necessary purjiose. 

Without detaining you any longer at this time, I shall, gentle- 
men, in the course of the session, take occasion to lay beiore j'ou 
such other matters as 1 conceive the necessities of the state require , 

Gentlemen, 

The late convention having, in their plan of government, mani- 
fested the most scrupulous attention to the freedom and happiness 
of the people, and by marking the line between the Executive, Le- 
gislntive, and Judicial powers, wisely provided for the security of 
ea'h ; it becomes our duty to second their endeavors ; And as our 
co';'>act will in ^oaVv^ measure be a rule for those who .are hereafter 
entrusted with the tubninistration of government, let us remain with- 
in the several departments in which the constitution has placed us, 
and thereby preserve the same inviolate, and repay the trust re- 
posed in us by our constituents, when they made us the guardians of 
their rights. 

I do not urge this, gentlemen, because I conceive the caution ne- 
cessary to you, but to shew the important light in which I see this 



GfeORGE CLINTON. 1 1 

object ; and to convince you, (however unequal I may find myself 
(o the task) that it shall always be my strenuous endeavour, on the 
one hand, to retain and exercise for the advanta<i;e of the people, 
the powers with which they have invested me ; on the otiicr, care- 
fully to avoid the invasion of those rights which the constitution has 
placed in other persons. 

GEO. CLINTON. 
Kingston, September 10. 1777. 



Pursuant to a Proclamation of the Governor, dated the first of Sep- 
tember, one thousand seven hundred and seventy eight, the Legisla- 
ture Viet at Poughkeepsie, in Dutchess County, on the first of Octo- 
ber folloxaing ; hut the number of members present being insuffi- 
cient to proceed to business, they adjourned from day to day, until 
vie thirteenth day of October, when they met the Governor in the 
Senate Chamber, where he made the follozving 

SPEECH : 

Gentlemen of the Senate and Assemble, 

The enemy, by the evacuation of Philadelphia, and their r<5 
moval to the city of New-York, have again made this state the 
principal seat of war I am happy, however, to inroriT) you, that 
instead of eifecting the conquest of the United States of America, 
their main army, after several fruitless campaigns, on their part 
barbarously and cruelly conducted, is at length, through the vigi- 
lance of his excellency General Washington, and the spirit and 
bravery of the troops under his command, confined to defensive 
operations only ; and there is the greatest reason to hope, that, 
with the blessing of a kind Providence, we shall be enabled speedi- 
ly to bring the war to a happy conclusion, and perfectly establish 
our freedom and independence. 

Our northern frontier has, this season, remained in a state of 
tranquility, and the inhabitants thereby been favored with an op- 
portunity of recovering, in some measure, from the eytr'?me dis- 
tress to which they were reduced by the operations of the last 
campaign. 

I am, at the same time, gentlemen, unhappy to inform you of the 
ravages committed on the western frontier, and the destruction 
and desolation of several valuable settlements in the counties of 
Tryon, Albany and Ulster, by the savages, in conjunction with the 
disaffected subjects of this and the neighboring states : On the i\r-^t 



12 GOVERNORS SPEECHES. 

appearance of hostilities in that quarter, I ordered into actual 
service a considerable part of the militia for the protection of the 
exposed inhabitants ; but every exertion I have been able to make 
for their security, though burthensome to the militia, and very ex- 
pensive to the public, has (owing to the extent of country to be 
gu.irded, against an enemy carrying on a desultory war) proved in- 
effectual. 

The disaffection and turbulent conduct of many of the inhabi- 
tants ot the northeastern district of this state, will claim your at- 
tention, and call for such measures as justice, the public good, and 
the honor of the state may demand. 

Gentlemen- of the Legislature, 

As the terms tor which the present delegates in congress and 
members of the Council of Appointment for this state, were elect- 
ed, are expired, it will, of course, be your first business to pro- 
ceed to the election of proper persons to till those important office.-. 

The continued depreciation of the paper currency, is a circum- 
stance of the most alarming nature. Temporary expedients, such 
ns laws for the redaction of prices, though they may serve for a 
time to paliate, will, in the end, be Ibund to increase the evil. 
The only effectual remedy is, that of reducing the quantity of cir- 
culating currency, by taxation ; a measure which I would wish to 
recommend to your particular and early attention : For, exclusive 
of every other consideration, no time can be more proper than the 
present, for paying off our public debts by taxes, when the staple 
commodities of the state command the most advanced prices. 

By the 35th section of our constitution, the laws of this state are 
necessarily become complicate ; and, as every member of society 
is materially interested in the knowledge of the laws by which he is 
governed, I am induced to believe, a careful revision of the laws of 
this state, would be an acceptable service to your constituents, and 
attended with the most s.ilutary effects. 

In the course of the war, this state has frequently been charged 
by congress with the superintendence and management of variou^? 
kinds of public business ; in the prosecution of which, large dis- 
bursements have been occasionally made, and, notwithstanding the 
advances by congress, I am informed a very considerable balance 
remains due to this state ; and, as new accounts are daily accruing, 
some proper and permanent mode, for the liquidation and settle- 
ment of the public accounts of this state, is become necessary. 

You will readily perceive, from the nature of the service, it is 
not in my power to render you an account to any fixed period, of 
the expenditures made in the payment and sub?istence of the mili-- 
til, «l!0 have been employed on the frontiers : I have great reasoa 
to believe that they far exceed the sum allowed by the legislature 
for this purpose, and have therefore to recommend, that provision 
be made, not only for discharging the extra debts that may have 
been contracted for this service, but also, for enabling me to exc- 



GEORGE CLINTON. 13 

'cute more effectual measures for the defence of the frontier set- 
tlements, against the depredations of a savage enemy in future. 

Gentlemen, 

There are many other matterfs worthy of the deliberation of the 
legislature, which, in the course of the session, 1 shall occasion- 
ally take proper opportunities of laying before you. 

Your zeal for the public welfare, as well as the duty you owe to 
your constituents, will, I am persuaded, induce you to prosecute 
the business of the present session with that unanimity and firm- 
ness which become the representatives of a free and virtuous peo- 
ple ; and the necessity there is (during the unsettled state of our 
public affairs) for your presence in the several coimties in which 
you reside, will equally excite you to dispatch. 

GEO. CLINTON 

Poughkeepsie, October 13, 1778. 



The Governor by proclamation, dated the seventeenth day of July-; 
one thousand seven hundred and seventy-nine, required the Legis- 
lature to meet at Kingston, in the county of Ulster, on the ninth 
day of August folloreing, Seve.'al members met at the time ap- 
pointed ; but the number being insufficient to transact business^ 
ihey continued to meet and adjourn from day to day, until the 
^rvcuty fourth day of August, Txhen the Governor delivered this 

SPEECH : 

Gentlemen of the Senate and Assembly, 

The meeting of the legislature, intended to have been held 
agreeable to their last ii(ljournment, having been prevented by 
several of the members taking the field with the militia, the busi- 
ness of the session thereby remained untinished ; this, with the 
importance of several other matters 1 have now to lay before you, 
induced me to convene you at this early season, with a view to your 
dispatching those parts which require your immediate attention ; 
and fixing, by your own adjournment, such future day as you shall 
judge most convenient, for completing what may be safely deferred. 

With respect to the general condition of the state, it is my duty 
to inform you, that the enemy, frustrated in their late attempts to 
penetrate into the more interior parts of it, and encreasing in bar-^ 
bvrity, as they diminish in strength, have, with circumstances of 
extreme cruelty, laid waste a considerable part of Westchester 



14 Governors' speeches. 

county ; wlilch, from its situation, must unavoidably be exposed to 
the ravages of an enemy, who have the command of the waters, 
by which it is nearly encompassed. 

Such part of the levies, destined for the protection of the north- 
ern and western frontier, as are raised, have been so disposed, as, 
ivith the militia, in a great measure, to afford security to the diffe- 
rent settlements ; which (if we except the irruption of the enemy 
at Minisink, at the time when the Guards, ^vho had been stationed 
there, were withdrawn to assist in offensive operations) have, for 
the most part, remained undisturbed : And we have now reason to 
hope, from the movements of our western armies, that the inhabi- 
tants will not only enjoy tranquility in future, hut that just ven- 
geance will be taken on their savage enemy. 

Gkntlemen, 

It is with pleasure I observe, that by the assiduity of the courts 
<sf justice, robberies and other offences against the public peace, 
notwithstanding the insidious arts of our enemies to encourage' 
them, daily become less frequent. 

I am sorry, at the same time, to inform you, that neither the 
justice and forbearance manifested in your late resolutions, rela- 
tive to the disaff"ected subjects in the north-eastern counties of this 
state, nor the measures which congress have yet thought fit to 
adopt, have, in any degree, tended to quiet the disturbances in that 
part of the state. The papers which 1 shall leave with you, will 
convey every necessary information on that bead, and evince the 
riecessity of your taking immediate and decisive steps for the res 
toration of order and good government, and the protection of the 
faithful subjects of the state in those counties. 

Gentlemen of the Senate and Assembly, 

I now also submit to your consideration a letter from his Excel- 
lency General Washington, dated the 22dday of May last, and sun- 
dry resolutions of congress transmitted me in the recess of the 
jegielature, particularly respecting the clothing and recruiting the 
continental regiments, and for defraying the expences of the cur- 
rent year, and supporting the credit of the paper money. As the 
enlistments of many of the men will expire in the course of the 
ensuing winter, the supplying their places will merit your early 
attention. The evils which we experience from the continued de- 
preciation of our currency, the encouragement the enemy derive 
from this circumstance, and the danger which might attend a total 
loss of its credit, render it a subject of the first importance, and 
are alone sufficient to recommend it to your most serious delibera- 
tion. While the sense that your constituents loudly express of 
the necessity of applying some suitable remedy to this growing 
evil, give you the strongest assurances of their acquiescence in 
giny plan, which their constitutional representatives, on a full and 



GEORGE CLINTON. 15 

impartial revicAV of the general interest, as well as the relative 
situation of the state, shall think proper to adopt. 

Gentlemen of the Legislature, 

I shall, from time to time, during the session, digest and com- 
municate to you such other matters as shall appear to me to require 
your attention. It is, under Divine Providence, on the wisdom 
and unanimity of the councils ot America, at this juncture, that her 
happiness depends ; and I have a confidence, that the same zeal to 
promote the common cause, for which the state hath hitherto bcciii 
distinguished, will be equally conspicuous in vour deliberations. 

GEO. CLINTON. 

Kingston, Jivgust 24, 1779, 



The Legislature were convened by proclamation of the Governor, at 
Povghkecpsie, on the fourth day of September ; at xvhich time 
they -met ; but the number of members present being insufficient to 
p'oceed to business, they adjourned from day to day, until ihc 
seventh of the same month, lichen the Govrrnor delivered the 
follo'jsing 

SPEECH : 

(p-ENTLEMEJf OF THE SeNATE AND AsSEMDLY, 

It was with regret I found myself obliged to convene you so ear- 
ly in the season : the present emergoncic^s, however, you will be 
sensible, rendered your meeting at tliis lime indispensable. 

The hearing before congress, relative to our eastern bounrla- 
ries, is to commence early in the present month, and as the dele- 
gates for the time being, are the agents to manage the controversy ' 
on the part of this state, and the present delegation will soon ex- 
pire, you will perceive the necessity of proceeding to an immediate 
election. 

I am unhappy to inform you, that notwithstanding the }>rovision 
made for the defence of our fiontiers, a part of them has again been 
desolated by a merciless enemy. For a particular account of these 
devastations, I must refer you to the papers I now deliver you. — 
The force directed to be raised, by the legislature, for the fron- 
tier service, when conipared with the extent of country to be guard- 
ed, and with what has since appeared, the strength of the enemy 
employed against it, you will discover to have been insufficient in 
the lirst instance, and it became less competent in consequence of 
deficiencies, and by enlistments into the continental battalions. h\- 



|G. governors' speeches. 

lured by a generous bounty, the troops were easily induced to ea . 
ter into other corps, where their time of service was prolonged on- 
ly a few days ; and in which they were not exposed to greater 
hardships or danger. To prevent, as for as possible, a dimunition 
of this force, I rentured, although unauthorised by law, to retain 
on the frontiers, part of the levies intended to reinforce the army; 
which I trust, will receive your sanction ; and upon a representa- 
tion of the situation of the country to the commander in chief, hii 
excellency, from an earnest desire to preserve those valuable 
settlements , detached ior their defence, part of the levies from the 
eastern states, and the whole brigade raised by this state, as a rein- 
forcement to the army. This however, will be only a temporary 
relief, it being uncertain how long these troops will remain there : 
I must therefore recommend it to you, to provide against the con- 
tingency of their removal, which will certainly take place upon the 
expiration of the time limited for their service. 

Gentlemen, 

Notwithstanding the measures hitherto pursued, and although, 
these states, through the indulgence of heaven, abound with pro- 
risions, the army has not as yet received seasonable and competent 
supplies. I now communicate to you letters from the committee 
of congress at head quarters, and the commander in chief, upon 
this interesting subject ; and recommend them to your most seri- 
ous attention, with the fullest confidence, that nothing will be want- 
ing on your part ; and, that as far as the ability of this state ex- 
tends, no means will be left unessayed, to prevent the misfortunes 
which must inevitably result from a failure in the essential arti 
cle of subsistence. 

Gentlemen,^ 

When we reflect upon the present situation of our public af- 
fairs, it is evident, our embarrassments in the prosecution of the 
war, are chiefly to be attributed to a defect of power in those who 
ought to exercise a supreme direction ; for while congress only 
recommend, and the different states deliberate upon the propriety 
of the recommendation, we cannot expect a union of force or coun- 
cil. From this conviction, 1 take the liberty of submitting, to you, 
whether further means ought not to be devised, for accelera- 
ting the proposed confederation, and thereby vesting congress 
with such authority, as that in all matters which relate to the war, 
their requisitions may be peremptory. It is with pleasure, 1 find 
this to have been the sentiment of a convention of committees 
from three states, lately held at Boston ; whose proceedings, at 
their request, I now lay before you. 

Hitherto the war has been carried on without decisive advanta- 
ges on either side, and although it might be presumed, that our 
enemies, unsupported by any ally, and with every other power at 
least unfavorable to their cause, would have been convinced ef 



liEORGE CLiNTOit. 27 

fWir mab.lity to Withstand the United arms of France, Spain, and 
Amenca ; and have withdrawn their armaments from our coasts, for 
the defence of their own : we find them, however, obstinately per- 
severing in the vain hopes of conquest. It behoves us therefore 
to preserve an unremitted zeal an<l spirit ; and especially to en- 
deavor, by completino; our continental battalions, to establish a 
permanent force, sutficient, with the divine blessing, to brin- this 
contest to a speedy and successful issue. The generous aid "from 
one and the great exertions of both nations engaged in the war 
W'lth us, ought to encourage and stimulate America to her utmost 
enorts. 

„ ,, . GEORGE CLINTON. 

roughkeepsie,Sept. 1th, 1780. 



The legislature convened at Pnuglikeepsie, pursuant to the proclama- 
Hon of the Governor, on the first day of October, 1781 , hut as there 
•was not a quotum of mcinhers present, they adjourned from time 
to time, until the 23d of the same month, ru'lien they met the gover- 
nor ill the Senate Chamber, where he made tlic folloimng 

SPEECH : 

Gentlemen of the Senate and Assembly, 

The electing of delegates and a council of appointment for the 
ensuing year, rendered the meeting of the legislature at this time, 
indispensable : by the confederation, a new congress is to con- 
vene o:i the first Monday in November in every year. You will 
therefore perceive the necessity of proceeding to the choice of 
members of this state, so early, as that the persons elected may 
have it in their power to attend in season, and prevent the incon- 
veniences which might result from the want of a representation in 
congress. 

The papers which I have now the honor to lay before you, re- 
late to a variety of matters of'the greatest moment. It is submitted 
to you to determine which of them require your immediate atten- 
tion, and which may with safety and propriety, be deferred until 
the events of the campaign shall have fully unfolded themselves, 
and the legislature be thereby enabled to form a more competent 
judgment of the measures necessary to be adopted : I cannot how- 
ever, omit recommending to your particular consideration, the let- 
ters from the superintendent of finance, and the demands on this 
itate, for supposed deficiencies in the sums and specific supplies 

3 



18 GOVERiN-ORs' SPEECHES. 

required of us by congress Your deliberations on this subject, will 
naturally lead to the necessity and importance of a settlement of 
our public accounts, and a further and more effectual provision for 
the collection of the arrears of taxes heretofore directed to be 
levied ; and as the fluctuating state of our paper currency, has 
hitherto conspired with the wishes of the disaffected, by making it 
their interest to delay the payment of their proportions. I submit 
to you the propriety of adopting measures to compel the payment 
of the delkiencies in money, at least equal in value to those taxes 
at the time they severally ought to have been paid. This appears 
to me to be dictated by policy, and warranted by justice, otherwise 
the burthen of the war, which ought to be equally borne, will 
principally fall upon tiiC most zealous friends of their country. 

I am happy in being able to inform you, that through the smiles 
of Heaven, on the spirit and activity of the troops stationed on the 
frontiers, those settlements, considering their great extent, and 
the mode of warfare purstiL-d bjr the ciic;iiiy, have sustained less 
injury this season, than we had reason to apprehend ; and although 
we have recent intelligence which indicate an invasion oi the north- 
ern parts of the state, yet I trust that the formidable detachments 
of regular troops and levies lately sent thither, will, with the aid 
of the militia, prove sufficient to frustrate the designs of the ene- 
my, and protect the country against their ravages. It is my duty 
at the same time, to remind you, that as the term for w\iich the 
levies, for the immediate defence of the state were raised, will 
soon expire, it will be requisite to make seasonable provision for 
its further defence ; and for this purpose to suggest to you, the ex- 
pediency of revising the law for raising troops en bounties of un- 
appropriated lands, as I am encouraged by the officers engaged in 
these corps, to believe, if a further time was allowed to complete 
them, and a small additional pecuniary bounty granted, a number 
of valuable recruits could be procured, from the present levies. 

Gentlemen, 

The generous conduct of our illustrious «lly, in sending to our 
assistance, at this interesting period, such powerful armamenls as 
to give us a decided superiority over the common enemy, as weil 
by sea as land ; and enable us to commence operations against thei;» 
of the most important nature, with flattering prospects of success. 
cannot fail affording the highest satisfaction to every true Ameri- 
can, and demands our warmest gratitude. — Every consideration of 
interest and of duty, loudly calls upon these states for correspon- 
dent exertions, that by the blessing of divine Providence, upon our 
united efforts, we may bring the war to a speedy and honorable 
conclusion, and secure the inestimable objects for which we are 
contending. 

GEO. CLINTON. 

Poughkcepsie, October 23, 1781, 



GEORGE CLINTON. 19 

The Legislature met at Poughkeepsie, on the 3d day of July, 1782, 
pursuant to the proclamation of the Governor, ha did not form a 
(juorumfor the transaction of business until the Wih, -when theif 
commenced proceedings with the following speech from the Gov- 
ernor. 

SPEECH : 

Gentlemen of the Senate and Assembly, 

I have convened you at this lime, at the request of a committee 
of congress, appointed to confer with you and the legislatures of 
the neighbouring states, on the necessity of providing competent 
means for a vigorous prosecution of the war. An appHcation so 
respectable, and an occasion so important, rendered a compliance 
on my part, indispensable. I forbear to detail to you particular- 
ly, the subjects of this conference. They have been communi- 
cated to you by the committee, and I have confidence, will re- 
ceive a suitable attention. 

It is with great satisfaction I inform you of the birth of a Dau- 
phin of France, v,liich has been officially announced to me. Per- 
suaded, that on this occasion, 3^ou will partici[)ate in the joy of a 
monarch, and a nation to whom we are bound by the strongest 
ties of gratitude and friendship. A nfition who are now sharing 
with us in all the perils of a war, commenced and prosecuted on 
their part, from the generous motive of establishing the liberties 
and independence of these states. 

In the present respite fron-i the more sevei-e distresses and ca- 
lamities of the war, I cannot forbear suggesting to you, a work 
which I conceive ought not to be deferred, as the business of 
peace, the promotion and encouragement of learning. Besides 
the general advantages arising to society from liberal science, as 
restraining those rude passions which lead to vice and disorder, it 
is the peculiar duty of the government of a free etate, where the 
highest employments are open to citizens of every rank, to en- 
deavor, by the establishment of schools and seminaries, to diffuse 
that degree of literature which is necessary to the due dis- 
charge of public trusts. You must be sensible, that the war has 
occasioned a chasm in education, extremely injurious to the rising 
generation .; and this affords an additional consideration for ex- 
tending our earliest care to their instruction. 

Gentlemen, 

Although the principles of our taxation (as far as they are cal- 
culated to compel the members of the community to contribute to- 
wards the public burthens, according to their respective abilities) 
are founded injustice, yet, from the great arrearages of tax which 
appears, from the returns on your files, to be due, I conclude 
there must be some defect in our system : an.l 1 therefore submit 



20 governors' speeches. 

to the legislature, the necessity of revising the tax laws, and 
particularly with respect to the mode of collection. 

I shall now leave with you, the several acts of congress and 
puhlic letters, which have been transmitted to me since the close 
of the last session, together with such other papers as contain infor- 
mation respecting the condition of the state ; and should any oth- 
er matters occur as objects req'iiring your deliberation at the pres- 
ent meeting, I will lay them before you by occasional messages. 
Before! dismiss you, however, I conceive it my duty to observe, 
that the enemy, notwithstanding their frequent disgraces and dis- 
appointments, discover a determination to persist in the war, and 
continue to cherish the delusive hope, if not of subduing, at least 
of detaching us from our great and benevolent aliy ; and of form • 
ing such a poHtical connection with us, as would be incompatible 
with our sovereignty. We are therefore called upon by every 
consideration of duty, and of interest, to bear the most solemn 
and explicit testimony, against a m3asure which would inevitably 
be attended with our ruin and infamy, and it especially behoves 
us at this time, with an humble dependence on divine aid, to 
make the most strenuous exertions for expelling the enemy from 
our country, and thereby remove every apprehension of danger, 
either of their force or artifice. 

GEO. CLINTON. 

Poughkeepsie, July IK/; •1782. 



The Lsqislnture were convened by proclamation of the Governor, ai, 
tlie City of JVezv-York, at which place they assembled; when after 
several adjournments, in consequence of a quorum of members not 
being present, they met the Gove nor in the Senate Chamber, on the 
tTiiienty first January, when he made the following 

SPEECH : 

Gentlemen of the Senate and Assembly, 

It is not without much regret, that I have been prevented from, 
assembling you at an earlier period. The dilatory movement of 
the British force, subsequent to the provisional articles, and the 
measures preparatory to the late elections, have deprived me of the 
pleasure of congratulating you more seasonably, on the great and 
important events which have taken place since the last sessions ; 
and they have deprived the state of your aid, in many affairs which 
earnestly demanded a legislative provision. 



GEORGE CLINTON. 21 

By tha favor of Divine Providence, the seal is put to our infle, 
pendence, our liberties are established on the firmest basis, and 
freedom in this district seems to derive additional lustre from the 
objects which remind us of the desjjotism that so lately prevailed. 
V/hile we recollect the general pro2;ress of a war which has been 
marked with cruelty and rapine; while we survey the ruins of tliis 
once flourishins; city, and its vicinity ; while we sympathise in thft 
cal-imities vvliich have reduced so many of our virtuous fellow-citi- 
zens to want and distress, and are anxiously solicitous for means to 
repair the wastes and misfortunes which we lament : how oui^ht 
cur hearts to overflow wtthloveand gratitude to our adorable crea- 
tor, throu2;h whose gracious interposition, bounds have been set, 
and probably forever, to such scenes of horror and devastation. 

Permit m3 to numbi^r with the pleasing events, which call for 
our praise, the attention of those patriots, both citizens and sol^ 
diers, who have returned to this city, to the honor and dignity of 
government. By their obedience to the laws, and their care to 
preserve peace and good order, they have disappointed the wishes 
of our enemies, an<l convinced the world, by their moderation in 
prosperity and fortitude in adversity, that they merit the prize for 
which (hey have so nobly contended. 

Viewing, as I trust you will, the blessiugs we now enjoy, as effects 
flowing from our union, you cannot but be attentive to every mea- 
sure which has a tendency to cement it, and to give that energy to 
our national councils, which may be necessary to the general wel- 
fare. Inthid coniidence I now lay before you, such acts of congress 
as have been received in the recess of the legislature. As the ad- 
dress of congress, which accompanies those acts, enters fidly int© 
the reasoning on the m:jasurGs 'hi-y recommend, 1 shall without en^ 
larging, submit them to your serious con-iid.eration with this single 
remark ; th it though fear may support a despotism, and an heredi- 
tary nobility uphold th.3 throne of a limited Monarch, nothing but 
good fiith and public virtue, can give authority or credit to a free 
republic. These sentiments, and others highly worthy of the at- 
tention of a free people, are strongly enforced in the last circular 
letter of our patriotic and illustrious commapder in chiet". A per- 
formance which I communicate with very great satisf :ction ; con5- 
dent that it is derived from so high an authority, is executed with 
such wisdom and perspicuity and enforced with such affectionate 
zeal for our national honor and interest, that it cannot fail of mak- 
ing deep impressions, and of meeting with the most respectful no- 
lice. 

Among otiier national objects, which the papers 1 shall now de- 
liver you, will point out for your consideration, are the arrenrs due 
to our fellow-citizens, whose arms have so essentially contrib'ated 
to the independence and security we enjoy ; and it is with p!ea--ure 
I embrace this occasion, to do the 'ine of ti;is slat^ the jc-'i.v^ to 
f>bserve, that from the moment of their being disbanded to this hour. 



22 governors' speeches. 

not one among themselves, to my knowledge, has been accused of 
misconduct, or a violation of the laws. Their wants have not forced 
them into the commission of injuries, nor have thoir arms rendered 
them forgetful that they were citizens. Such citizens have a dou- 
ble claim to your patronage and protection. 

With the matters of superior moment, which at this time call 
for your serious examination, is an attempt of the British court, 
by a proclamation of July last, to monopolize to themselves, the 
trade of the United States, with the West-Indies, by restricting 
the importation of American produce into those Islands to Brit- 
ish vessels only, and the exportation of West-India produce into 
these states, to vessels of the same description. It is exceeding- 
ly difficult to hold any intercourse with a nation that will not suf- 
fer her commerce with other states, to be governed by principles 
of equality and reciprocity ; but that such a spirit of monopoly 
should prevail in the seller, (for Britain as a commercial nation 
abounding in manufacturies, is principally to be vieAved in this 
light) and be arbitrarily held out to the buyer, who has his choice 
of markets, is as inconsistent with the interest of trade, as it 
must be odious and disgustful to those whom it is intended to en- 
snare or depress. Permit me to observe, that one eifect which 
the proclamation alluded to, has a tendency to produce, is that of 
throwing the trade, heretofore mutually carried on between the 
inhabitants of America and those of the West-Indies, into the 
hands of persons styling themselves, or acting among us, in the 
disguise of British subjects ; to the great dishonor of the Amer- 
ican flag, the injury of the fair trader and real citizen, and the 
dimunition and corruption of national character. There is con- 
siderable ground to apprehend, that the conduct of the British 
court, in this instance, is founded on a presumption that the con- 
federated powers of the United States, is not adequate to prevent 
the innovation. It becomes therefore our interest and our duty, 
to undeceive them, and if the powers given by the confederation 
are not competent for this purpose, to enlarge them ; for it is 
obvious, that any partial exertions of the states, individually, to 
correct this evil, will prove ineffectual. 

While I am on the subject of commerce, permit me gentlemen, "to 
call your atlention to the earliest and most effectual means for re- 
storing and improving that of this state. Our ports, so long with- 
held from us, are at length open to all the world. Let us give, to 
all, protection, encouragement and security, by providing that 
equal justice be administered to the stranger as well as tlie citizen, 
that the recovery of debts be speedy and effectual, that the fulfil- 
ment of contracts be enforced, that our staples be so inspected as 
to prevent luture imposition, and effectually to revive their repu- 
tation in foreign ports, where, for want of sufficient care, it has 
been greatly impaired. By these means, credit, the parent of 
commerce, will multiply her benefits, and security from imposi 



GEORGE CLINTON. 23 

hons add to the value of our commodities ; while the stranger it 
invites, will reduce the price of those we get from abroad. 

The establishment of productive funds for the discharge of 
the interest, and for sinking, as soon as may be practicable, the 
principal of the public debts, is an object of so much moment, 
and tthich so essentially involves the prosperity of our citizens 
and the honor of government, that it cannot fail of claiming the 
most attentive consideration. Among the means that present 
themselves, for makmg this provision, beyond direct taxation, are 
the disposition of public lands, internal duties and excises, ma- 
rine passes, and a duty on sales at vendue. The land othce will, 
I flatter myself, be so regulated, as while it is rendered an object 
of revenue, it will at the same time, afford the utmost encourage- 
ment to the speedy settlement of the country. The cultivation of 
our lands ought to be one of our first cares, since the riches of a 
state is to be found in the number of its people. In this view, 
perhaps it may not be improper to invite the strangers to partake 
of the political blessings which we so happily enjoy, by facilita- 
ting the means of naturalization, and of obtaining and inneriting a 
portion of the unappropi-iated lands. 

It is my duty to recommend to your early consideration, such a 
provision for the support of the ofhcers of government, as is con- 
sistent with its dignity, and will tend to procure, or continue in 
public office, men of integrity and abilities, now that a field is 
open for the display of talents and industry ; and they have a 
prospect of advancing themselves and their families in private 
life. It is an undeniable ti'uth, that in republics, where the force 
of government depends on a respect for the magistracy, ignorant 
or vicious magistrates must soon bx"ing the laws into contempt, and 
involve the ruin of the state, 

Neglect of the education of 3'outh, is among the evils conse- 
fjuent on war — perhaps there is scarce any thing more worthy 
your attention, than the revival and encouragement of Seminaries 
of learning ; and nothing by whiclf we can more satisfactorily ex- 
press our gratitude to the supreme being, for his past favors ; 
since piety and virtue are generally the oflspring of an enlighten- 
ed understanding. 

Permit me, gentlemen, to mention the necessity of proceeding 
to the immediate election of members to compose a council of 
appointment ; as for want of this board, great inconveniencies have 
already arisen in this district of the state; which, from its pecu- 
liar situation, is destitute of the necessary officers of government. 
I would also remind you, that we have been for some time, unre- 
presented in congress, with a view that early measures may be ta- 
ken for the appointment of delegates. I need not observe, that 
there are few objects in which the honor and safety of the United 
States, and of each particular state is more interested, than in tht- 
character of the members of the great national council. 



%i governors' speeches. 

A revision of the laws, passed during the war, in order to Con- 
form tliem to our present situation, the organization of the militia, 
and such provision for magazines and military stores, as are neces- 
sar}', as well for our own defence and security, as a due compliance 
wit!) the terms of our constitution and the confederation, will I trust 
also in the course of the session, engage your attention. 

The settlement of the accounts between this slate and its citi- 
zens, and the United States, has been most unforiun itt ly protracted 
The reasons which have exposed us to this great public inconveni-' 
ence, are explained by my correspondence with the delegates and 
the superintendent of tinance on this subject, which is presented 
for your information. A gentleman has at length undertaken the 
office of commissioner of accounts for this state, and will proceed 
to the execution of his trust without delay. 

You will perceive from the communications which relate to the 
subject that I have not been inattentive to the circumstances of the 
western posts within this state. They are undoubtedly of great 
importance for the protection of our trade, and Our frontier settle- 
ments ; and it was with concern, I learnt that the propositions made 
by the state for garrisoning those posts, were not acceded to by 
congress. It afforded me, however, some satisfaction, to find that 
the commander in chief was in pursuit of measures for that pur- 
pose. But my expectations proved fruitless. The British com- 
mander in that department, treating the provisional articles, as a 
suspension of hostilities only, declined to withdraw his garrisons, 
and refused even to permit us to visit those posts. It is necessary 
for me to add, that it will now be impracticable to take possession 
of them until spring ; and that I have no reason to believe, that 
congress have or are likely to make any provision for the expense 
which will necessarily incur : It therefore remains for you to take 
this interesting subject into your further consideration. 

Ge^tlemekt, 

Without detaining you any linger, I shall now leave with yov? 
my correspondence with Sir Guy Carleton ; the proceedings of the 
council constituted for the temporary government of the Southern 
District, and other papers necessary for your information ; and in 
the course of the session, I shall lay before you the accounts oi 
my receipts and expenditures, and from time to time, communicate 
by messo'ge, such other matters as may require your attention. 
From the wisdom and magnanimity , which the legislature hath uni- 
formly manifested in every stage of the late arduous conlhct, 1 
have the highest confidence, that your present deliberations will be 
conducted with harmony, be influenced by a steady attention to 
the public good, and be productive of the most extensive and esr 
sential advantages to our country. 

GEO. CLINTON. 

JVew-York, January 21, 1784. 



GEORGE CLINTON. 25 

On Monchnj the Itth instant, the members of the Senate and Assem- 
bhj met in the Ci'y-Hall, of the City of jSfew-York, and on the fol- 
lowing day, the Governor delivered this 

SPEECH : 

©ENTLEMEN OF THE SeNATE AND ASSEMBLY, 

Since tlie close of the last session, the legislature of the state 
•f Massachusetts have thought fit to set up a claim to lands, which 
it is to be inferred, from their petition to the honorable the United 
States in congress, lie somewhere within the ancient jurisdiction of 
this state, but in what part or to what extent is left in obscurity. 
They have, notwithstanding, requested that a federal court may be 
appointed for enquiring into, and determining such claim ; and con- 
gress have accordingly assigned the first Monday in December 
next, for the appearance of both states, and such other proceed- 
ings as are directed by the articles of confederation and perpetual 
union. From the act of congress ot the 3d day of June last, on this 
subject, and the papers accompanying it, you will perceive the 
necessity of appointing agents to manage the controversy on the 
part of this state ; and of caUing for an explicit description of the 
lands claimed by the Massachusetts, without which, we must be ex- 
posed, in our defence, to unnecessary difficulties and expense. . 
The importance of these measures and the election of delegates and 
of members to compose a council of appointment for the ensuing 
year, were the principal inducements to your being assembled at 
a season which I am sensible must be inconvenient. 

The acts ofcongress of 27th 28th and 29th of April, rospectingthe^ 
arrears ofinterest of the national debt, and the expenses for the year 
1784 and a requisition of money to discharge the same, and another 
act of the third of June, recommending it to this and some other of the 
states, to raise a proportion of their militia for taking possession of 
the western posts, guarding the public stores, and protecting the 
treaties with the Indians (all which are now laid before you) came to 
my hands sometime after the last adjournment. It appeared to. 
me impracticable, after near six months had been spent by the 
legislature in public business without any intermission, to have con- 
vened you at an earlier period, and it was the less necessary, as 
before the recommendation for raising these troops, was commu- 
nicated to me, it had been discovered, that there was not the least 
probability they could this season be employed in the principal 
service for which they were intended. These different subjects 
are now submitted to your deliberate consideration, and I am persua- 
ded, the result will be dictated by a regard to the sacred rules of 
j-ustice, to the honor of the state, and to the principles of the. fede- 
ral compact. 

. 4 



26 governors' speeches. 

Gentlemen, 

The injury which this state sustains in its growth and settlement 
by the claims of absentees and aUens, to large tracts of uncultiva- 
ted lands, call for your attention. These claimants contribute 
nothing to the exigencies of government ; they retard the progress 
of improvement while their estates continue to increase in value 
by the labor and industry of the citizens who settle and cultivate 
the adjacent lands. Your wisdom will undoubtedly suggest some 
remedy consistent with the treaty, and the principles of equity, 
for a mischief which becomes daily more obriously detrimental. 

I need not mention that the legislature have long since seen the 
necessity of an estimate of the value of taxable property through- 
out the state : But the measures which they adopted tor this pur- 
pose, have hitherto proved ineffectual : without it, government 
cannot be administered on wise and fixed principles ; for it neither 
can be known to what amount the whole state may be taxed with- 
out oppression, nor what is the comparative value of the wealth of 
the respective counties and districts, however essential to equal 
taxation, and for preventing those discords and animosities which 
too frequently take place in fixing of the quotas. 

The management of the public revenue also wants system : 
there is no mode established for drawing the income, expenditures 
or debts of the state to a point ; nor is it in the power of the 
best informed, at present, to produce a tolerable estimate of them, 
though it must be admitted that this is a branch of information so 
useful, that it cannot, without manifest inconvenience, be dispens- 
ed with. • 

A revision of our laws is also necessary to digest them in one 
code, which shall include such of the acts of the late colony, and 
of the British statutes as are adopted by the constitution ; and to 
form a general regulation for highways, and the internal oeconomy 
of districts and precincts, now continually calling for partial provi- 
sion, is a work I would recommend as highly worthy of the con- 
sideration of the legislature. 

It is found by experience that some of the laws of the last ses- 
sion, particularly the act establishing an university in this state, and 
the impost act, require amendment, as well to render them more 
easy in their execution, as more effectual in their operation. The 
officers acting immediately under them, are directed to state, for 
your information, the defects which have been discovered. 

Several other matters which I had the honor to lay befo re the 
legislature, at the opening of the last session, were not (for want 
of time) brought to maturity, and particularly a law for regulating 
the militia and providing for magazines and arsenals agreeable to 
our constitution and the confederation. These are of such impor- 
tance to the honor and safety of the state, that I caiinct omit 
repeating them. 

I shall now leave with 3'ou such papers as I have received during 
Ihe recess, aad which may be necessary for your information, among 



GEORGE CLtNtdN. 2? 

these are the proceedings of the commissioners of Indian affairs, 
containing a particular detail of their transactions, and the result 
of the business committed to them. 

Gentlemen, 

Although I have thought it my duty, at the opening of a session, 
to point out the vario\is matters which appeared to me to claim the 
attention of the legislature, yet, should it be found inconvenient to 
the members to continue long together at this time, such of them 
onlv, may be taken into immediate consideration, as cannot with 
safety, be delayed until the next meeting. 

GEO. CLINTON. 

City of /{em-York, October 18, 1784. 



The Governor by proclamation convened the legislature at the city of 
JVew-York, on the Gth day of January., where several of the mem- 
bers accordingly met on that day, but a sujfcient number to pro- 
reed to business not appearing, they arljourned from day to day 
until the \Qth of the same montJi, zvhen they met the Governor 
in the Assembly Chamber, Zi-hcre he made the follon-ing 

SPEECH : 

Gentlemen of the Senate and of the Assembly, 

The nature of the adjournment of the legislature, at their last 
session, obliged me to convene you by " Proclamation : This is 
a power which cannot, consistently with the constittition, be exer- 
cised, but on " extraordinar}' occasions ;" and although the vari- 
ous subjects which call for your attention, are highly interesting, 
it may be doubted whether they fall under the description referred 
to by the constitution. Thus I have been reduced to the necessi- 
ty of exercising an authority, in itself questionable, to give the 
legislature an opportunity of " meeting at least once in the year 
for the dispatch of business," as the constitution expressly directs. 
Permit me, therefore, to suggest the propriety of a provision for 
holding your annual and ordinary sessions in futiire, so as to pre- 
vent the interference of the executive in a right evidently vested 
in the senate and assembly. In fixing on this season lor your 
meeting, 1 was governed, as well by a regard to your personal con- 
venience, as to the public interest ; being led to believe it would 
least interfere with your private engagements, and that it might 
probably prevent the trouble and expense of a second meeting ; with 
respect to the place, I should have deemed myself reprehensible, if 



28 GOVKRNORS' SPEECHES. 

I had assembled you at any other than the repository of your pubhc 
records and archives, to which, in the course of your dehberations, 
there must be frequent occasion to recur. 

GeNTLExMEi\, 

It affords me the most sensible pleasure to observe, that nothing 
hath happened since the close of the last session to disturb the 
public tranquility ; that good order, obedience to the laws, and the 
due administration of justice, have generally prevailed ; that the 
diflerent districts of the state by the industry of the citizens, are 
rapidly recovering from the waste and dessolation of war ; and 
that the toils of the husbandman have been amply rewarded by a 
fruitful season, and a plentiful harvest. For these among other 
distinguished blessings, unfeigned gratitude is due to our bountil'ul 
Creator. It must, however^ excite disagreeable reflections, when 
I inform you, that the British government, in manifest violation of 
the treaty, continues to retain, by an armed force, the different 
posts in the northern and western frontiers of the state, and there- 
by, in an essential degree, cramps our commerce, and obstructs 
the progress of our settlements ; although it is my duty to mention 
this circumstance to you, 1 am sensible it is in our federal capacity 
that a remedy must be provided for an aggression so detrimental 
to our prosperity. 

Gentlemen, 

After the annual appointments to be made by the senate and as- 
sembly, the requisitions of the United States in congress assembled, 
contained in their acts of the 27th of September, and 12th of 
October last, demand your first attention. To assist you in your" 
deliberations on these important subjects, I refer you to the letters 
from the commissioners of the treasury board, with their returns 
and estimates explanatory of the principles on which these requisi- 
tions are founded. Relying on your zeal for the federal mterest, 
I have the fullest conlidence, that every measure cal ulated to 
support our national credit, and warranted by the confederation, 
will meet your cheerful concurrence. When we reflect, that, un- 
der divine Providence, it is to the early and steady exertions of the 
public creditors, by their loans, their labors, and their military 
services, that we are indebted for our liberty and independence ; 
it is greatly to be regretted that the peculiar circumstances of the 
state have hitherto prevented the adoption of more effectual meas- 
ures for their relief. Our resources, if equally and judiciously drawn 
forth, and economically apjdied, will, I trust, be found competent ; 
and as the impediments which stood in the way of this necessary 
business, are now in a great measure removed by the return of 
peace, and the arrangements which have since taken place, a re- 
gard to justice, as well as the consideration of its being essential 
to public credit in future, that past engagements be faithfully fulfil- 
led, wiill, I am persuaded, pre vent a farther dehy. To enable you to 



CEOR6E CLINTON. 29 

engage in this impoi'tant service with the greater prospect of suc- 
cess, I shall cause to be laid before you, estimates, as well of the 
amount of the debts due from the public, to the citizens of this 
state, as of the means that may be applied, towards discharg- 
ing them without the aid of burthensome taxes. 

While we are pursuing agriculture, as our first object, com- 
merce and manufactures also deserve our attention. To the one, 
the husbandman is indebted for the generous prices he now receives 
for his produce, and b}' the other, our wants from abroad may be 
diminished. These considerations alone are sufHcient to recom- 
mend them to your notice. 

The great consumption of the productions of India ; and the 
advanced prices at which we are supplied by other nations, ren- 
der an immediate intercourse with that country a desirable object. 
I therefore submit to the wisdom of the legislature, whether the 
laudable and enterprising spirit ot our merchants, adventuring 
in that commerce, ought not to meet with particular encourage- 
ment, and some legislative provision be made to prevent the waste 
and preserve the credit and reputation, of an article, the produce 
of this state, peculiarly advantageous as a remittance to that 
country. 

The dangers v/hich we so lately experienced, by a dependence 
on foreign supplies of iron and gun powder, ought to awaken our 
prudence, and put us on our guard against events however distant 
and unforeseen. Our country abounds with materials for carrying 
on these manufactures to the utmost extent, and we must discover 
a want ot jwlicy and vigilance, highly inexcusable, if we neglect ob- 
vious advantages which providence hath so kindly placed within 
our reach. 

Gentlemen, 

Several matters, heretofore submitted to the consideration of the 
legislature, remain unfinished ; among these, the organization of 
the militia, the establishmant of magazines, and a provision for 
holding elections, are objects highly important in themselves, and 
it is my duty to add, that they are expressly enjoined upon the 
legislature by the constitution A bill originated last session for a 
revision and ligest of our laws, but for want of time it was not en- 
acted : This appears to me a measure of too much macnitude not 
to be resumed ; for, besides their obscurity, arising from the cir- 
cumstance of the revolution, it is highly unbecoming that we 
should be obliged to search through the mass of British statutes 
for such as extend to us by the constitution. I am sensible that a 
correct and judicious digest of our written laws will be an arduous 
task ; but when the dignity of our government, and the ease and 
security of the people require it, no reasonable pains or expense 
ought to be spared for its speedy accomplishment. 



30 GO> LRNORS' SPEECHES. 

GeNTLEMEiV, 

Without enlnrging at this lime, I .shall now deliver to you the 
dlfiercnt acts of congress, and other papers necessary for your in- 
formation, reserving whatever else may apj)ear to merit your at- 
tention, to be communicated in the course of the session, by mes- 
sa:;e, and conclude with only adding that as the security of pro- 
perty forms one of the strongest bonds of society, too much care 
cannot be taken to preserve and strengthen it, by a scrupulous ad- 
herence to the principles and spirit of our excellent constitution ; 
and by guarding against an increase of our laws by provisions for 
partial purposes. 

GEO. CLINTON. 

JVe-w-Yurk, Jamiarij 16, 1786. 



Pursuant to a law of tJie state, entitled "an act to regulate the fu- 
tn-e meetings of the Legislature^" — passed the loth day of 
March, n 36, fixing on the first Monday in January, for the an- 
nivsrsari/ meeting of the Legislature, several of the members met 
at the tirae appointed, and for want of a sufficient number to 
proceed to business, continued to meet and to adjournfrom day to 
day, until the lOth day of January, when after having organized 
hoth houses, they met the Governor in the Senate CJiamber, xn-licr^ 
he made this 

SPEECH : 

Ghntlemex of the Senate akd Assembly, 

As you are now assembled in pursuance of the law, for fixiiig 
the stated meetings of the legislature ; the annual appointments to 
be made by the senate and assembly, will, of course be your first 
business. 

Gentlemex, 

Of the different important matters which will, at this titne, call 
for your consideration, the i-equisition of the United States in con- 
gress assembled, contained in their act of the second of .August last, 
for the services of that year, merits your earliest, and most serious 
attention : Persuaded that your dispositions are truly federal, argu- 
ments v/ould be unnecessary to induce a speedy and effectual compli- 
ance with a measure so essential to the support of our national hon- 
or and credit. It is sufficient to observe in the words of the Requi- 
sition, that " It is made in virtue of the powers of the confedera- 
tion, and is obligatory on the states as such." 



GEORGE CLINTON. 31 

The acts of the 20th and 21st of October, for augmenting the 
troops in the service of the United States, with an additional requi- 
sition tor their pay and support, also claim your early notice. 

It will appear by the papers from the treasury board accompa- 
nying these acts, that there are some arrears stated as due on for- 
mer requisitions, for the discharge of which it is equally the duty 
of the state to provide. 

The resolutions of the United States in congress assembled, of 
the 1 1th and 23d of August last, expressing their sense of our act 
of last session, for granting to them an Impost, and requesting on 
that occasion an immediate call of the legislature, will again present 
to your view the revenue system, recommended by that honorable 
body, on the 18th of April, 1783. 

I shall forbear making any remarks on a subject which hath been 
so repeatedly submitted to the consideration of the legislature, and 
must be well understood. You will receive with these resolutions 
the correspondence they produced ; and I have only to add, that 
a regard to our excellent constitution, and an anxiety to preserve 
unimpaired the right of free deliberation on matters not stipulated 
by the confederationj restrained me from convening you at an ear- 
lier period, 

Gentle.aien, 

I have the pleasure to inform you, that the law passed at the 
last session of the legislature, vesting commissioners with discre- 
tionary power, to determine the controversy between this state and 
the con^monwealth of Massachusetts, otherwise than by a federal 
court, hath been carried into full effect ; all interfering claims^ 
both with respect to teritory and jurisdiction, being finally adju^tecI. 
The mutual agreement and act of session executed with the usual 
soleuinities by the commissioners of both states, is now laid be- 
fore you ; and I have the fullest confidence that the conduct of 
your commissioners in a mission equally diflicult and important^ 
will meet with your entire approbation ; and that adequate pro- 
vision will be made for the services and expenses which have arisen 
in laborious preparations for the trial, as well as in the linul c:;- 
tinguishment of the contest. 

I have also the satisfaction to lay before 3'ou a joint report, and 
an authenticated map of the commissioners for running the line of 
jurisdiction between this state and the commonwealth of Pennsyl- 
vania, in -which as great progress hath been made as the season 
permitted. To the good understanding which siihsisted between 
the gentlemen to whom this trust was committed by the respective 
states IS in a great degree to be ascribed the economy in {.'oint of 
expense, with which you will find it to have been conducted. 

While through the divine goodness we enjoy ihe estimable bles- 
sing of internal peace and good order, it m.!!st afford the most solid 
satisfaction that the animosities and disadvantages to which we 
have been exposed by a controverted jurisdiction, are at length 



32 governors' speeches. 

decisively terminated ; the public tranquility in a point of such 
magnitude effectually established and secured, and the heavy ad- 
ditional expense which must have attended a judicial enquiry, ai 
the same time prevented. 

The arrangement of the militia, under the late law (a work which 
required a considerable share of time and attention) is also near- 
ly completed : and it is with pleasure I mention, that from the 
spirit and military ardor which appears to pervade that respecta- 
ble class of citizens, the most flattering expectations may be form- 
ed 9/ their future conduct and services. 

Gentlemen, 

The filial ravages to which wheat, our staple commodity, hath 
since the commencement of the late war been exposed, by an in- 
sect until that period unknown on this continent ; the rapid pro- 
gress of this evil, and the prospect of its overspreading the coun- 
try, are alarming circumstances. If experience hath pointed 
out any remedies, I submit it to you, whether it would not be 
wise to direct them to be communicated to the husbandmen at 
the public expense. — Indeed it appears to me, that nothing in the 
power of the legislature should be omitted to avert a calamity 
which threatens such general distress. It must afford you pleasure 
to learn that very considerable reductions have lately been made 
of the debts due from the public, to the citizens of this state, bul; 
although there is reason to believe that the measures adopted lor 
this purpose, when carried fully into execution, will be found to 
answer the expectations which were formed of them, yet it will 
appear from the estimates remaining on your files, that it is stil^ 
necessary to make farther provision for this important service. — 
I have the highest confidence that j'our zeal for the public inter- 
est, will induce you to enter on this business in due season, and 
with a suitable spirit : and that your wisdom will direct to such 
means as will prove most efficient, and at the same time least bur- 
thensome, Permit me only to observe, that it is by a faithful per- 
formance of our engagements, that public credit, on which the 
prosperity of the state so much depends, can be established on a 
firm and permanent basis. 

Gentlemen, 

I shall now leave %viih you the different papers in my posses- 
sion, necessary for your information, and in the course of the ses- 
sion, occasionally communicate, by message, such other matters 
as may appear to deserve your notice. 

GEO. CLINTON. 

JVc'!x:-York, January loth, 1787. 



GEORGE CLtNTON. 3S 

The Legislai\ire met at the time designated by iaw. hit were unable 
to form a quorum of members until the llthnf January, ■when af- 
ter organizing, the Se7iate and Assembly zi.-aited on the Governor 
who made this 

SPEECH: 

t&ENTLEMEN OF THE SeNATE AND AsSEMBLIT, 

It being essential to the welfare of our conferleracy that a re- 
presentation in the national council should be maintained without 
intermission ; and as the term for which the delegates from this 
state were elected is expired, you will perceive the necessity of 
proceeding to an immediate new appointment. 

Gentlemen, 

The requisition for the federal services of the current year, also 
claims your early attention. I have full confidence that the 
same spirit which has invariably influenced the legislature of this 
state, will induce you to a cheerful and effectual compliance with 
every measure, founded on the national compact, and necessary 
to the honor and prosperity of the union. 

It will appear from the act of congress, and other papers on 
this subject, that the supplies, required for the common treasury, 
are principally to arise from the arrears due on former requisi- 
tions. Advantages will therefore result from the punctuality of 
past payments, as a greater proportion of the resources of the 
state may now be applied to the relief of our own citizens To 
assist you in making the necessary arrangements, I shall cause to 
be laid before you, estimates of the public debt with the receipts 
and expenditures since the conclusion of the war, abstracted from 
the treasurer's annual audited accounts, by which you will be par- 
ticularly informed of the present state of our treasury. 

It gives me great pleasure to inform you that the jurisdiction 
line between the cormnonwealth of Massachusetts and this state, 
which has been so long a subject of controvers}', and attended 
with much inconvenience and distress to the borderers, is at 
length tinally adjusted ; and that the boundary line between this 
state and the commonwealth of Pennsylvania, is also completed. 
The reports of the commissioners employed in these respective 
transactions, accompanied with maj)S of the lines will be delivered 
to you in order that the proper directions may be given for their 
authentication and deposit, and for the final liquidation and settle- 
ment of the expenses which have attended these services. 

I shall leave with you the several official communications which 
have been made to me in the recess ; with these you v.'ill receive 
the proceedings of ihe general convention lately held in the city 
of Philadelphia, and an act of the United States in congress for 
their transmission to the legislatures of the different states. From 

5 



36 governors' speeches. 

this time ; but I have confidence in your wisdom, and that all your 
decisions will be influenced by a regard for the interests of your 
constituents. 

Permit me only to observe, that in whatever situation we may 
be placed, a steady attention to the promotion of agriculture and 
the introduction and encouragement of the useful arts, are essen- 
tial to the prosperity of our country ; for it is from these alone 
we are to derive our principal resources for profitable commerce ; 
and it is with the blessings of Heaven, by industry and frugality, 
as well as by the justice and stability of our laws, that we can ex-: 
pect to ensure respectabilitv abroad, or happiness at home. 

GEO. CLINTON. 

Albany, Dec, lllh, 1788. 



The Legislature were convened by proclamation of the Governor, at 
the city of Albany, in the month of July, for the purpose of choos-. 
in^Senators to represent the state in congress, when he delivered 
the following 

SPEECH : 

Gentlemen of the Senate and Assembly, 

I conceived it to be my duty to convene you at this early period, 
that the legislature might again have an opportunity of choosing- 
senators to represent this state in the congress of the United 
States ; I flatter myself that an occasion so important and interest- 
ing will command an approbation of the measure. I am sensible, 
however, that sh.ould your session be protracted at this season, it 
would be injurimis as well as inconvenient to many of the mem- 
bers ; impressed with this idea, and as nothing extraordinary hath 
taken place in the recess, I shall not attempt to call your attention 
to any other object. Our circumstances require unremitted in- 
dustry and the strictest economy ; and I have a confidence that 
this consideration alone will be a sufficient motive with you to give 
as much dispatch, to the public business aa may be consistent with, 
safety. 

Gentlemen, 

Whilst the distresses experienced by the failure of the last 
years crops, particularly in the exterior settlements, and by the 
poorer class of people, are contemplated with anxiety, the unmeri- 
ted favors daily conferred on us by Almighty God, and especially 
the kind interpositioa of his Divine Providence, in so ordering the 



GEORGE CLINTON. 37 

seasons as to afford a prospect of relief from the approaching 

harvest, cannot fail to inspire us with sentiments of unfeigned 
gratitude and thankfulness. 



GEO. CLL\TQN. 



Albany, July 6lh, 1789. 



The Legislature met pursuant to laza, n-hen the Governor de- 
livered the follon-ing 

SPEECH : 

Gentlemen of the Senate and Assembly, 

In performing the duty enjoined on me b.y the constitutisn, it 
gives me the greatest pleasure to inform you, that the gtate is in 
perfect tranquility : A peaceable submission to the laws, and a 
becoming respect to the authority of government, generally pre- 
vail. The militia continue to discharge the duties required of 
them with an honorable degree of punctuality, and to enhance 
their usefulness and respectability, by their progress in military 
knowledge and discipline. 

In the recess of the legislature, an amicable adjustmei^t with 
the Indians, residing within our territory, has been eftected ; and 
every cause of uneasiness being removed, they now profess senti- 
ments of friendship and attachment : humanity and the honor of 
the state require that ample justice should be dispensed to them, 
and I have the fullest confidence, that adequate provision will be 
made for the regular discharge of the annual sums stipulated by 
treaty. 

Our frontier settlements, freed from apprehensions of danger, 
are rapidly encreasiug and must soon yield extensive resources for 
profitable commerce ; this consideration forcibly recommends the 
policy of continuing to facilitate the means of communication with 
them, as well to strengthen the bands of society, as to prevent the 
produce of those fertile districts from being diverted to other mar- 
kets. 

As a faithful performance of engagements is an indispensible du- 
ty, whether considered in a moral or political view, I am persuad- 
ed that no arguments are necessary to ensure a due attention to 
the rights of the creditors of the state, and the adoption of effec- 
tual measures for the maintenance of public faith. I have direct- 
ed such returns and estimates from the treasury to be laid before 
you, as may be necessary for your information ; and flatter myself 
that, by wise and judicious arrangements, this important object may 
be accomplished without imposing any new burthens on our con- 
stituents. 



40 governors' speeches. 

render it productive ; connecting at the same time the interest of the 
citizen, with the prosperity of the pubhc. I woUld only remark, 
that by giving this capital an extensive circulation, the necessities 
of individuals may be supplied, the settlement of the country ad- 
vanced, and the interests of agriculture and commerce promoted. 

The legislature, at their last meeting, impressed with the im- 
portance of improving the means of communication, not only to 
the agriculture and commerce of the state, but even to the influ- 
ence of the laws, directed the commissioners of the land-office to 
cause the ground between the Mohawk river and the Wood-creek in 
the county of Herkimer, and also between the Hudson's river and 
the Wood-creek in the county of Washington, to be explored and 
surveyed, and estimates to be formed of the expense of joining 
those waters by canals : I now submit to you their report, which 
ascertains the practicability of effecting this object at a very mode- 
rate expense, and I trust that a measure so interesting to the com- 
munity will continue to command the attention due to its impor- 
tance, and especially as the resources of the state will prove ade- 
quate to these and other useful improvements without the aid of 
taxes. 

As the diffusion of knowledge is essential to the promotion of 
virtue and the preservation of liberty, the flourishing condition of 
our seminaries of learning must prove highly satisfactory, and they 
will, I am persuaded, be among the first objects of your care and 
patronage, and receive from time to time such farther aid and en- 
r.ouragement as may be necessary for their increasing prosperity. 

GEO. CLINTON. 

J^ew-Yorh, Jan. 5th, 1792. 



At the time appointed by law for choosing Presidential Electors, the 
Legislature met at the citij of New-York for that purpose, mhen 
the Governor delivered the follora'ing 

SPEECH : 

Gentlemen of the Senate and Assembly, 

The present meeting being in pursuance of a law of the last 
session, authorizing you to appoint electors of a President and 
Vice-President of the United States, this important business will 
consequently engage your immediate attention ; especially as far- 
ther legislative provision will be necessary on this subject, owing 
to the establishment of a ratio of representation different fromthe 
nne contemplated by that law. 



GEORGE CLINTON. 41 

As the period for the stated annnal meeting of the legislature 
will sooo arrive, econoaiical consideration will sufficiently recom- 
mend the expediency of completing the public business previous 
to an adjounnnent. The settlement of our contested boundaries, 
the digest of the laws, the arrangement of our finances and the 
other various salutary regulations, which since the conclusion of 
the war, h;ive 'Ccupied the attention of the legislature, being hap- 
pily accomplished, your present deliberations will necessarily be 
confined to a few objects. At this time I have therefore only to 
mention to you the necessity of providing for ihe election of mem- 
bers of the house of representatives of the United States agreea- 
bly to the late apportionment ; the conforming our militia estab- 
lishment to the regulations recently enacted by congress, and the 
revision and amendment of such of our laws as may from experi- 
ence have been found obscure or defective. 

I have directed the annual reports and other papers, that may 
by necessary for your information, to be prepared and laid before 
you ; and if in the course of the session, any thing should occur 
requiring legislative interposition, it shall be communicated to you 
by message. 

While the misfortunes which some of our sister states suffer by 
the depredations of a savage enemy, are greatly to be lamented, 
our unfeigned thanks are due to Divine Providence for an exemp- 
tion from so great a calamity. In the recess an atrocious murder 
of a chief of one of the Indian nations, residing within our juris- 
diction, threatened in some degree an interruption of tliat harmo- 
ny which has hitherto so happil}' prevailed, but from the papers 
which will be communicated to you, you will perceive that the 
measures adopted on this occasion have preserved their contidpnce 
in the justice of government, and prevented any evil effects from 
that disagreeable circumstance. 

GEO. CLINTON. 

New-York, Nov. 6th, 1792, 



The Legislature met, pursuant to laza;, on the first Tuesday in Janua- 
ry, at the city of Albuny, agreeably to a concur- ent resolution pre- 
viously adopted ; xsohcii the Governor delivered this 

SPEECH ; 

Gentlemen of the Senate and Assembl^, 

It is not without great siitisfaction, th;;t in meeting the legislature 
at this time, I can felicitate them on a contiouatiori of our national 

6 



38 governors' speeches 

The establishment of a permanent system of ways and means 
for the support of government, has already been submitted to the 
consideration of the legislature ; and from an opinion that the mea- 
sure would be salutary, particularly in its tendency to diminish the 
public expense, I have again thought proper to suggest it. 

Provisions having been made at the last session for taking a cen- 
sus of the electors and inhabitants of the state, it now remains 
with you to apportion the future representation in the legislature, 
agreeably to the rule prescribed by the constitution. 

The promotion of manufactures is at all times highly worthy 
the attention of government ; but under the present system of our 
national affairs, obvious and cogent reasons exist, for afibrding ours 
such encouragement, as to place them in as thriving and respecta- 
ble a condition as those of our sister states. Essays have lately 
been made to manufacture sugar from the juice of the maple tree, 
attended with success hitherto unknown. Our extensive forests 
abound with trees of that species, and the season for this business 
will admit of attention to it without essentially interfering with or- 
dinary pursuits : considering therefore, these favorable circum- 
stances, and our large expenditures for thit article in foreign coun- 
tries ; it is submitted to the legislature, whether a degree of pub- 
lic encouragement might not be advantageously extended to that 
object. 

While we contemplate with pleasure the growing habits of in- 
dustry and frugality in the different classes of citizens, and the 
prosperous condition of our agriculture and commerce; our de- 
vout acknowledgements are due to a beneficent Providence, for 
all the blessings we enjoy, and particularly for having rewarded the 
toils of the husbandman with plentiful harvests. 

Gentlemen, 

I shall now cause to be delivered to you, the acts of the United 
States in congress ; the reports of the different board of commis- 
sioners acting under the authority of the state, and other official 
communications made to me in the recess ; and without detaining 
you any longer at this time, I shall occasionally transmit by mes- 
sage, such other matters as may require your attention. 

GEO. CLINTON. 

^Tew-York, January bthy 1791. 



GEORGE CLINTON. 39 

The Legislature met. pursuant to law, at the cityofKer^-YorKon 
theM!2yofJalary. ^hen the Governor made thefollomng 

SPEECH: 

Gentlemen of the Senate and Assembly, 

Although its;ives me the highest pleasure to inform you that the 

Altnougu u^ ^^^jg^ ^^g blessmgs of Hea- 

same tranqua^ty and^^^^^^ ^^.^ ^^^^^^„ p^^^^i,^ 

''^^'^relvmet^hf necessity of mentiomng, that a daring 
^1 iTh^sb/en lately committed against the laws and authority of 
outrage h^^/'^^ '^'^f^.^er of the Sheriff of Columbia county, by 
fnCbrofrmedrnm disguise. The documents which wd^ 
anumoerui.i „,:ii fnrnish every necessary mtormation. 1 

be presented to you, J'" ^^^^.^^J^^.f a,e circumstances which 
forbear therefore ^« ^"^^^^f "{ •r.^y duty, however, to express 
attended that ""happj atf.ur It i my 7, ^^ ^^^ ^^^.^^^^^ ^^^ 
on this occas.on , ^he^h.gh en e ^j^^^^^ ^.^.^^^^ 

spirited exertions the ^'V tra « ^^ ^he offenders, and to 

to g«"d §o^^™"^""V '" /;'^„7Pffi' ,ent co-operation of the execn^ 

""jXwnts having bee. „,a„e to me ^"^^^---^i^^^^^S 

the incuans, v ^ ^i^^ papers delivered 

■;:i;''7rt*rrron>;?coX:ri; co.ce;ved .a^e done „,.h 

n-t --en. e.H,«.a ». t^tL^T^^otlnLtm^: 
"' '""'XlrollrSe in pursuance of the act for the sale 
s.oners of the l™'' "'"« "^ ^ nnappropriated lands, it appears 
Aat ^Xe' rr; V .Ue«,ve a^n augmeTtati'on suffice,,, under pr„- 

your wl. consideration, „ dispose ol it in such a manner as t. 



^0 governors' speeches. 

render it pi-odnctive ; connecting at the same time the interest of the 
citizen, with the prosperity of the pubhc. I woUld only remark, 
that by giving this capital an extensive circulation, the necessities 
of individuals may be supplied, the settlement of the country ad- 
vanced and the interest, of agriculture and commerce promoted. 

The legislature, at their last meeting, impressed with the im^ 
portance of improving the means of communication, not only to 
the agriculture and commerce of the state, but evfen to the influ- 
ence of the laws directed the commissioners of the land-office to 
cause the ground between the Mohawk river and the Wood-creek in 
the county of Herkimer, and also between the Hudson's river and 
the Wood-creek in the county of Washington, to be explored and 
surveyed and estimates to be formed of the expense of joining 
those waters by canals : I now submit to you their report, which 
ascertams the practicability of effecting this object at a very mode- 
rate expense, and I trust that a measure so interesting to the com- 
munity will contmue to command the attention due to its impor- 
tance, and especially as the resources of the state will prove ade- 
quate to these and other useful improvements without the aid of 

XSlX€S» 

• f ' ^^^,™^'«" «f knowledge is essential to the promotion of 
virtue and the preservation of liberty, the flourishing condition of 
our seminaries of learning must prove highly satisfactory, and they 
will, I am persuaded, be among the f^rst objects of your care and 
patronage, and receive from time to time such farther aid and en- 
rouragement as may be necessary for their increasing prosperity.. 

TV- V , , , , GEO. CLINTON. 

J\eTs;-\ork, Jan. 5th, 1792. 



At the time appointed by lar. for choosing Presidential Electors the 
Legislature met at the city of JVew-Yorh fn^ thnt "°'^^' /"^ 

the Governor delivered the /olloZl ^ "' ^''^P'"'' ^^"^ 

SPEECH : 

Gentlemen of the Senate and Assembly, 

Vice-Pesidltorthe^U^^ of a President and 

consequently engage you/Tm^^^^^^^^^^^ n ^P^^'^"* b"^>ne^s will 
ther llgislatL pro^irn^ H be n estr^^ '' ^^^ 



GEORGE CLINTON. 41 

As the period for the stated annua! meeting of the legislature 
will soon arrive, economical consideration will sulTicientiy recom- 
mend the expediency of completing the public business previous 
to an adjourtnnent. The settlement of our contested boundaries, 
the digest of the laws, the arrangement of our finances and the 
other various salutary regulations, which since the conclusion of 
ihe war, have 'Ccupied the attention of the legislature, being hap- 
pily accomplished, your present deliberations will necessarily be 
confined to a few objects. At this time 1 have therefore only to 
mention to you the necessity of providing for ihe election of mem- 
bers of the house of representatives of the United States agreea- 
bly to the late apportionment ; the conforming our militia estab- 
lishment to the regulations recently enacted by congress, and the 
revision and amendment of such of our laws as may from experi- 
ence liave been found obscure or defective. 

I have directed the annual reports and other papers, that may 
by necessary for your information, to be prepared and laid before 
you ; and if in the course of the session, any thing should occur 
requiring legislative interposition, it shall be communicated to you 
by message. 

While the misfortunes which some of our sister states sulTer by 
the depredations of a savage enemy, are greatly to be lamented, 
our unfeigned thanks are due to Divine Providence for an exemp- 
tion from so great a calamity. In the recess an atrocious murder 
of a chief of one of the Indian nations, residing within our juris- 
diction, threatened in some degree an interruption of that harmo- 
liy which has hitherto so happily prevailed, but from the papers 
which will be communicated to you, you will perceive that the 
measures adopted on this occasion have preserved their coiiHdence 
in the justice of government, and prevented any evil effects from 
that disagreeable circumstance. 

GEO. CLINTON. 

New-York, Nov. 6th, 1792. 



The Legislature met, purmant to lazt', on the first Tuesday in Janua- 
ry, at the city of Albany, agreeably to n concur- ent resolution pre- 
viously adopted ; 'when the Governor delivered this 

SPEECH: 

Gentlemen of the Senate and Assemblv, 

It is not without great satisfaction, that in meeting the leg-islature 
«t this time, I can felicitate them on a contioudtion of our national 

6 



42 GOVERNORS^ SPEECHES. 

prosperity. By the favor of divine Providence, the war which 
embraces so great n proportion of Europe, hns not yet extended 
itself to this country. While we synripathize in the distresses of 
those who are more immediately exposed to its desolating hand, we 
cannot sufficiently express our gratitude to that gracious Being 
through whose kind interposition we are preserved from a parti- 
cipation in them, and yet enjoy the blessings of liberty and peace. 
The extensive intercourse between most of the belligerent na- 
tions and the United States, forbids us, however, to regard v^ith in- 
difference the war in which those powers are at present engaged ; 
being at peace with all, and having treaties with several of them, 
the preservation of our neutrality' inviolate became an object of the 
first magnitude, and has comm:inded the attention of the general as 
well as of the particulir governments. In accomplishing an end 
so essential to the present happiness and future prosperity of our 
country. I found myself frpqueiitly called upon by the executive of 
the United States, to aid in carrying into effect, measures which 
are deemed necessary for that purpose. A full and unreserved 
communication of all my otlicial acts will inform you of the cases 
which the existing w;ir has given rise to withitl- this state, and of 
the measures whicli have been pursued in consequence. 

Although the general friendly disposition nianifested by the 
United States, uives us a right to hope, that the war will terminate 
without involving us in the miseries of it, or essentially interrupting 
our peace and prosperity, yet as our situation is critical, it might 
be imputed tome as a want of duty, were I to omit reminding }'ou 
of the naked and exposed condition of our principal sea port, and 
urging the necessity of immediately providing tor its defence. To 
prevent insult and inv.tsion, we must ever be prepared to punish 
the one, and repef the other. If it shall be thought that this ap- 
pertains exclusively to the general government, you will excuse 
me for mentioning it as a matter whose importance has impressed 
me very forcibly, and for expressing my perfect confidence, that if 
you shall not deem it expedient to originate any measure for this pur- 
pose, you will cheerfully co-operate in such as may be judged 
necessary by those whose duty it may be, to provide for our de- 
fence. 

My satisfaction in congratulating you on the increasing prosperity 
of our state is considerably diminished, by being obliged to inform 
you, that the important posts on our northern and western frontiers, 
are still possessed by foreign troops. By this violation of treat}'-, 
our settlements are greatly imperled, our agriculture obstructed, 
and our citizens entirely excluded from a very valuable trade to 
which their situation would naturally have invited them. I am 
aware, that a notice of this aggression is more immediately within 
the province of the federal government ; in whose zeal to redress 
the injury, the most implicit confidence may be reposed, and whose 
remonstrances it is to be hoped, will be attended with a success 



CKORGE CLINTON. 43 

proportionate to the justice and importance of the case ; but cer- 
tain coinpl lints which have been made directly to rae, by persona 
holding lands under grants from this state, and also by others whose 
property has been taken from them, within oar territory, under 
authority derived from the British government, forbid my observ- 
ing a silence on this head. 

Among many other important matters, which will occupy your 
deliberations, are certain resolutions of the legislatures of Mas- 
sachusetts and Virginia, respecting the suability of a state : which 
are submitted to you at the request of the executives of those 
commonwealths. The decision of the supreme federal court, 
which gave rise to these resolves, involves so essentially the sove- 
reignty of each state, that no observations on my part can be ne- 
cesiiary to bespeak your early attention to the subject matter of 
them. It may be proper, however, to suggest, that our conven- 
tion, when deliberating on the federal constitution, in order to pre- 
vent the judiciary of the United Slates from extending itself to 
questions of this nature, expressly guarded against such a con- 
struction, by their instrument of ratitication. A suit has, notwith- 
standing, been instituted by an individual against this state. To 
you, therefore, it will belong to pursue such measures as the oc- 
casion may require, consistent with the constitution of the United 
States, and best corresponding with our own sovereignty, and the 
general welfare of the union. 

The northern and western companies of inland lock navigation 
having, agreeably to law, produced authentic accounts of their ex- 
penditures, I have given the necessary certificate to entitle them 
to receive from the treasury, the sum of ten thousand pounds, as a 
free gift on the part of this state, towards the prosecution of those 
interesting objects. Although the care of improving and opening 
these navigations be committed to private companies, they will re- 
quire, and no doubt, from time to time, receive from the legislature 
every fostering aid and patronage, commensurate to the great pub- 
lic advantages which must result from the improvement of the 
means of intercourse. 

The sanguinary complexion of our criminal code has long been 
a subject of complaint. It is certaitdy matter of serious concern, 
that capital convictions are so frequent, and that so little attentiori 
has been hitherto paid to a due {)roportion between crimes and 
punishments. The greatest offences occur most frequently in those 
countries which have been remarkable for the severity of their 
punishments. Hence it is becoming the policy of modern legis- 
lators, to prevent crimes rather by the certainty than the severity 
of the sanction. If you should coincide in sentiment Avith me, 
that a revision of our penal hiws is entitled to attention, 1 have a 
confidence that your wisdom and humanity will lead to such im- 
provements as the several cases may require, and a regard to public 
security will warrant. .Some judicious remarks of the la';c Atiorney 



44 governors' speeches 

General, on the experliency of a reform in this particuhir, and 
which have been heretofore communicated to the legislature, may 
assist your deliberations. 

The prevalence ot an infections disease in Philadclpliia, reducccj 
yne to the p.iinful necessity of prohibiting an intercourse between 
that city and us. By the law authorising this measure, no adequate 
provision is made for carrying it into effect. Certain expenses ne- 
cessarily accrued, which have been defrayed by the corporation 
of the city of New-York. The reimbursement of nhich, and of 
other sums generously advanced bj^ that board, in the progress of 
this business, is submitted to your justice and libcrHHty. 

To the congress of the United States is delegated the power of 
organizing t;n.i arming the militia By their act every citizen, wdio 
is enrolled, is required, at his own expense, to provide arms and 
other accoutrements. This, it is to be feared, from representations 
I have re civcd, many of our cilizens, especially those on the fron- 
tiers, v/ill be unable to do. Regarding the militia as our only de- 
fence in case of foreign invasion or domestic insurrection, too early 
attention cannot be bestowed to ihc arming and accoutering of them. 
Perhaps, therefore, it will ficilitate their complete organization, 
upon the plan adopted by the general governuicnt, if legislative 
provision be made for equipping, at the public expense, in the lirst 
instance, such of our fellou'-citizens as may be incapable of doing 
it themselves. In this view, it is recommended ta your considera- 
tion, and I trust that its importance will justify the notice I. have 
taken of it. 

I leave with you the several papers referred to in this address, 
and shall cause to be h-id before you, the annual report of the 
commissioners of the land office : A letter from the secretary of 
the treasury, announcing a balance against this state, in a settle- 
ment with the United States ; and the usual returns and statements 
from our treasury. From these documents the state of our finan- 
ces may be estimated, and our public disbursements and expendi- 
tures properly regulated,. 

Gentlemen, 

At no time since the revolution have public affairs required 
more unanimity, wisdom, prudence and patriotism, in the represen- 
tatives of the people, than at present. It cannot, thereibre, be 
doubted, but that you will proceed in the business of the session 
with all that diligence and zeal for the public good which have ev- 
er characterized the legislative bodies of this state, and that the 
result of your deliberations will be productive of solid and lasting 
advantages to our constituents. 

GEO. CLINTOiV 

Albany, Jan. 1th, 1794. 



GEORGE CLINTON. 45 

The J\>! lore' ing idler 'zcas communicated by the Governor to the presi- 
ding officers of the Senate arid Assembly, staling his reasons for 
not meeting the Legislature this year in person : 

Greenwich, January, 3, 1795. 
Gentlemek, 

As I am prevented fi'om meeting the legislature at the com- 
mencement of the session, I thmk it necessary to inform them 
through you more particularly of the reasons, than niiyht have 
been proper in my message. 

For upwarcis of three njonths, I h;<ve been confined to my cham- 
ber, and for the most pvirt of the time to my bed, by an acute or 
infl imm.itory Rhenmatism of the severest kind ; and although for 
some time past the more violent symptoms ot my disorder, had 
considerably" abated, and I was thereby induced to entertain 
hopes of meeting you at the place of adjournment at a probable 
tirne when my attendance would be rendered essential, if not at 
the opening of the sessinn, yet I had my recovery so slow and in- 
complete, that candor obliges me to declare my apprehensions of 
being unable to attend at the desigaritcd place, as I most earnestly 
wished, and which I am still determined to do, if my health will 
permit ; under these circumstiinccs, I submit to the wisdom of the 
legislature, the measures proper and expedient to be pursued in 
order to advance the public service. 1 have the lionor to be, 
with the highest respect, 3'our most obedient servant, 

GEO. CLIXTON. 
To the Hon, the President 'f the Senate, 

and Spsahcr of the Assembly 

of the slate of j\'c7i'-Yoik : 

MESSAGE. 

Gr.NTLEMEX OF THE LcGISLATrRE, 

To perform the duties required from me by the constitution 
I am necessitated to coinmunicate v.iih you hy message, being pre- 
vented by sickness from opening the session in person. 

In informing 3'ou of the condition of the state, I am happy to 
observe that the same causes continue, which have hitherto con- 
tributed to its prosperity. In a ready ohedience to the laws ; in 
the prev dence of puiilic tranquility ; in the advancement of our 
population and settlements, and in the growing interests of general 
improvement, wa find abundant and multii)iied sources of pri- 
vate happiness and national felicity. Under these favorable cir- 
cumstances the objects of poi.ited legislative attention are necessa- 
rily restricted ; and I have th':;refore little more to observe, than 
io express my confidence, that in the promotion of. the means 

hich may advance, and the removal of the obstacles that may re- 



tv 



46 governors' speeches. 

tard the prosperity of the state, will be felt the wisdom of youi 
deliberations and the efficac3'^of your measures. 

As the alarming aspect of public affairs induced the legislature, 
at their last session, to make provision for the purchase of arms 
and ammunition, and the fortification of our sea port and frontiers, 
a full detail of the es;ecution of these different objects will now be 
submitted to you, Althqugh the apitropriations for fortifications 
were in the first instance incompetent and the advanced price of 
labor and provisions, has dnce increased the inadequacy, yet the 
works intended for the protection of our principal city and harbor, 
are in great forwardness : the patriotic exertions of the inhabi- 
tants having supplied, in no inconsiderable degree, the deficiency 
of the grant. I should, however, on this occasion conceive myself 
deficient in duty, were I not to observe that many of the reasons 
which induced their commencement, still exists for their comple- 
tion ; that the events of Europe may have influenced our political 
relations, cannot be doubted, but the daring claims recently made 
upon our western territories, and Avhich inits principle, comprises a 
considerable part of the state, admonishes us to be on our guard, 
and to be prepared to meet such menaced aggressions with a resis- 
tance proportioned to their magnitude. 

The revision of our criminal code, cannot re-occupy your at- 
tention at too early a period, or in too serious amuiner ; the ex- 
pectation of our constituents ; the feelings of humanity, and the wel- 
fare of the community, are deeply interested in the prosecution of 
this design. It is indeed a subject of melancholy consideration, 
that our criminal law should by so repugnant to the mild genius of 
our constitution, and so similar in its punishments to the cruelty of 
despotic governmeuts. The substitution of hard labor or confine- 
ment, instead of the punishment of death, will be greatly facilita- 
ted by the fortifications erecting on the island in the vicinity of 
New-York, And while you are engaged in this business, it may 
not at the same time be unworthy of your enquiry, whether our 
system of jurisprudence is not in other respects defective in its 
being so implicitly borrowed from a nation diifering from us in man- 
ners, government and principles of policy. 

While it is evident that the general establishment and liberal 
endowment of academies, are highly to be commended, and are 
attended with the most beneficial consequences ; yet it cannot be 
denied that they are principally confined to the children of the 
opulent, and that a great proportion of the community is excluded 
from their immediate advantages ; the establishment of common 
schools throughout the state, is happily calculated to remedy this 
inconvenience, and will therefore re-engage your early anddecided 
consideration. 

I have directed the usual returns and statements to be laid before 
you, to assist you in your deliberations, together with such othei 
communications, as may be necessary for your information, 

GEO. CLINTON. 

Greenwich, Jem. 3, 1795. 



JOHN JAY, 



The Legislature met pursuant to law : and after having organi- 
zed both houses, the Governor gave his " attendance •' ujid opened 
the s€ssio7iwith the folio-wing 

SPEECH: 

Gentlemen of The Senate and Aseembly, 

Permit me to avail myself of this first opportunity, which has 
occurred, of expressing through you to my constituents, the high 
sense I entertain of that esteem and confidence which prompted 
them to place me in the station I now fill. Fully apprised of 
the duties which it imposes upon me, my best endeavors shall be 
exerted to fulfil them ; and I flatter myself that in the course of 
toy administration, the sincerity of this assurance will be found to 
rest on better evidence than professions can afford. 

To regard my fellow citizens with an equal eye ; to cherish and 
advance merit, wherever found ; to consider the national and 
state constitutions and governments, as being equally established by 
the will of the people ; to respect and support the constituted 
authorities under each of them; and in general, to exercise the 
powers vested in me, with energy, impartiality and prudence, are 
obligations of which I perceive and acknowledge the full force. 

I concur in the sentiments and adopt the language of our excel- 
lent and illustrious President, in observing that " we could not 
have met at any period, when more than at the present, the sit- 
uation of our public affairs afforded just cause for mutual congrat- 
ulations ;" and I make this observation viith the greater pleasure, 
a? in the general welfare of the union, this slate participates so 
largely. 

The rapid increase of our population ; the flourishing slate of 
our agriculture and commerce ; the extension of our external and 
internal navigation ; the progress of learning and science, so essen- 
tial to rational liberty and good government ; and the uncommon 
degree of wealth and plenty, which follow the footsteps of indus- 
try, and the arts of peace, in all their walks, unite with numerous 
other blessings, in affording us abundant reason to rejoice, to be 
content, and to be grateful. 

But although national prosperity can neither be attained fior 
preserved without the fivor of Providence, so neither can it be 
attained or preserved without the subordinate instrumentality of 
those means, which Providence provides, and reason directs us tf^ 
«se. 



48 GOVERNOR.S' SPEECHES. 

There is no state of human happiness, public or private, so pet- 
feet or secure, as to dispense with th:it constant care and superin- 
tendence, which all our ati>,irs require; and which you will now 
tind it expedient to extend to several interesting objects. 

It has been often and justly observed, that in order to preserve 
peace, every natien should not only treat others witti justice and 
respect, but also be in constant readiness to resist and repel 
hostilities. Imbecility invites insult and ags^ression, and the 
. cxpefience of ages proves that they are tlie most secure against 
war, who are the best prepared to meet it. 

Although it belongs to our national government to provide for 
the defence of the United States, and although that great object 
v/i!l doubtless continue to receive, as well as to claim their atten- 
tion ; yet it is also highly interesting, that nothing properly depend- 
in?- on us be omitted, to give efiicacy to their laws and measures. 

Hciving but one port through which the great mass of our ex- 
ports and imports pass, the importance of fortifying it has been 
generally seen ; and considerable progress has been made in execu- 
ting the plans formed under the direction of the general government 
for that purpose. Much yet remains to be done ; and if from the 
details which will be laid before you, it shall appear that further 
aids on the part of this state would be proper, 1 am persuaded 
they will be readi!}' afforded. 

Difficulties have been experienced in importing from foreign 
countries sufficient quantity of arms and ammunition, and the present 
scarcity of those articles in general, and of one of the most essen- 
tial of them in particular, is a disagreeable circumstance. It cer- 
tainly is very desirable that we should not depend on foreigners for 
the means of defence ; and therefore, that the manufactures neces- 
sary to furnish these supplies, should be encouraged and patron- 
ized by the legislature. 

The constitution of this state expressly directs that " a proper 
magazine of warlike stores, proportionate to the number of inhabi- 
tanti», be forever, at the expense of this state, and by acts of 
the legislature, maintained and continued in every county in this 
state." 

They v/ho formed this constitution, had been taught by severe 
experience, that the day of alarm and battle was not the best season 
tor seeking, and procuring these important stores. 

Laws and regulations, however carefully devised, frequently 
prove defective in practice ; and as the regulation of the militia 
pursuant to the act of congress, merits constant attention, it may be 
useful to enquire whether experience has pointed out the necessi- 
ty of any amendments which, consistently with that act, may be 
made in our law on this subject. 

'J here is an article in the constitution, which by admitting of 
two different constructions, has given rise to opposite opinions 



JOHN JAi% 49 

nrn] may give occasion to disagreeable contests and embarrassments. 
The article, I allude to is the one which ordains that the person 
administering the government for the time being shall be president 
of the council of apppointment, and have a casting voice, but no 
other vote ; and with the advice and consent of the said council, 
shall appoint ail the officers, which the constitution directs to be 
appointed. Whether this does by just construction assign to him 
the exclusive right of nomination, is a question which, though 
not of recent date, still remams to be definitively settled. Circum- 
stanced as I am, in relation to this question, I think it proper mere- 
ly to state it ,and to submit to your consideration the expediency 
of determining it by a declaratory act. 

The more the principles of government are investigated, the 
more it becomes apparent that those powers and those only, should 
be annexed to each office and department, which properly belong 
to them. If this maxim be just, the policy of uniting the oflice 
of the keeper of the great seal with that of governor, is far from 
being unquestionable ; the powers of the former not being neces- 
sary to the latter. It seems, on general principles, more proper 
that important acts made or agreed to by the governor, should be 
validated and rendered binding on the state, by an officer who did 
not officially participate in them, than by himself. Important ca- 
ses occasionally arise, in which a competent knowledge of the 
law, and that kind of discretion which results from it, are necessary 
to decide whether the sanction of the great seal ought to be given 
or to be withheld : and although persons not possessed of those 
acquirements, may administer the government very ably in other 
respects, yet in that respect they would be liable to commit mis- 
takes not easy to correct. 

One great object of which a people, free, enlightened and gov- 
erned by laws of their own making, will never lose sight, is, that 
those laws be alwaj'S so judiciously applied and faithfully executed, 
as to secure to them the peaceable and uninterrupted enjoyment of 
their rights. To this end it is necessary, and sound policy certain- 
ly requires, that the dispensation of justice should invariably be 
committed to the men the best qualified to perform that very inte- 
resting task ; with this policy the present situation of the Chancel- 
lor and of the Judges of the supreme court does not appear to me 
to correspond. Their salaries, not being more than adequate to 
their current expenses, yield little or no surplus to form a provision 
for their families. Instead of the tranquility, the domestic comforta 
and the exemption from anxious cares, which sensibility claims for 
declining years, they must, when those years arrive, retire to pri- 
vate life, without having received from their country the means of 
enjoying it. These circumstances have no tendency to invite able 
and distinguished lawyers, few of whom possess ample patrimonies, 
to exchange their lucrative practice for seats on the bench ; and 
yet by such men only should those seats be filled. Permit me, 
therefore, to submit to your consideration, whether justice, pub- 

7 



50 

lie good and the honor of the state, do not strongly recommend^ 
that some provision be made tor such of these judicial officers as 
having long and faithfully served their country in that capacity, 
come to the age, at which according to an article in the constitutionj 
their commission^ expire. 

There is another subject, also belonging to the judiciary de- 
partment, respecting which some legislative provision has become 
very requisite. So great is the extent and population of the state, 
and so numerous and frequent are our courts, that the attorney 
general cannot possibly manage all the prosecutions (existing at the 
same time in different counties) which demand his care and attention. 

It continues to be worthy of consideration how fiir the severe 
penalties prescribed by our laws in particular cases admit of miti- 
gation ; and whether certain establishments for confining, employ- 
ing and reforming criminals will not immediately become indispen- 
sible. 

The measures which have been taken pursuant to the laws re- 
specting the management of our affairs with certain of the Indian 
tribes, together with the results of those measures ; and a variety 
of documents on that and other subjects will be communicated ami 
laid before you. 

While on the one hand we all lament the distresses occasioned 
by the sickness which lately prevailed in this city, it becomes us 
on the other to acknowledge with gratitude that divine interposi- 
tion by which its extent and duration were so limited. The ex- 
penses which that uncommon and unexpected calamity made indis- 
pensible, exceed the sum assigned by law for such purposes. And 
the precaution which in the city of Albany it was judged prudent 
to take, in order to prevent the inhabitants from being involved in 
the like calamity, demanded expenditures which yet remain to be 
provided for. These accounts will be laid before you, together 
with those which respect the application of the monies granted for 
the relief of the refugees from St. Domingo residing here. The 
situation of these unfortunate people still continues to be truly 
distressing, and to interest our compassion. 

The wisdom of our laws has ordained that every place shall 
maintain its own poor. But it appears to me proper to remark, 
that by the events of the desolating war between many of the 
European powers, and by the advantages which this country of- 
fers 10 emigrants, a great number of persons are induced to come 
to this state, without other resources than what the benevolence 
of our citizens or other adventitious circumstances may furnish. 
As these people do not properly belong to any particular place in 
this or the neighboring states, would it not be right to consider 
those of them wlio may be real objects of charity, as the poor of 
the state, and to provide for them accordingly. 

The ultimate connexion that subsists between our agriculture, 
commerce, anti nnvi^:ation, strongly recommends the policy of facili- 
tating and multiplying the means of intercourse between the dif- 



JOHN JAY. 51 

ferent parts of the state. This topic embraces many others which 
will not escape your discernment, and which on investi2;ation will 
be found to he highly interesting. Indeed the improvements of 
which our local situation and civil polity are susceptible, are so 
various as to aflPDrd you an arduous and complicated, but still not 
an unpleasing task. It is a task which cannot be properly per- 
formed without' much time, application and well digested infor 
mation, for it will always be found more difficult and also more 
useful to legislate well, than to legislate much. 

There is reason however to expect that in the course of the ses- 
sion, considerable progress will be made ; and that the benefits re- 
sulting to our fellow-citizens from your attention to their interests, 
will afford additional proofs, that their confidence cannot be so dis- 
creetly placed, as in the wisdom and patriotism of their real and 
responsible representatives. 

That wisdom and patriotism will, I am persuaded, give to your 
4 deliberations all the advantages which accompany moderation and 
concord ; and you may rely on my readiness to co-operate with 
you in every measure for augmenting and securing to our constitu- 
ents, the numerous blessings they derive from the happy state of 
peace, liberty and safety, which by the favor of heaven we enjoy. 

New-York, Jan. 6, 1796. JOHN JAY. 



The Legislature assembled at the City of JVew-York, on the first day 
of November ; and after having chosen their respective officers, 
they m,et the Governor in the Court Room, who made this 

SPEECH; 

Gentlemen of the Senate and Assembly, 

When it is considered how greatly the happiness of every nation 
depends on the wisdom with which their government is adminis- 
tered, the occasion which has called you together at this early sea- 
son, cannot but be regarded as unusually important. 

The period fixed tor the election of a President of the United 
States is approaching ; and the measures preparatory to it in this 
state, are now to be taken In every possible situation of our na- 
tional affairs, whether of peace or war, of tranquility or ferment, 
of prosperity or misfortune, this object will not cease to demand 
the utmost care and circumspection. 

Hitherto the embarrassments arising from competitions, and from 
the influences incident to them, have not been experienced : they 
have been excluded by the uniform and universal confidence re- 
posed in that illustrious patriot, who, being distinguished as the 



52 governors' speeches 

father and ornament of his country, by a series of great and disin- 
terested services, was also eminently qualified by an uncommon as- 
semblage of virtues and talents, for that important and exalted sta- 
tion. 

But that extraordinary man having, with admirable wisdom and 
fortitude, conducted the nation through various vicissitudes and 
unpropitious circumstances to an unexampled degree of prosperi- 
ty, is now about to retire. Mankind has not been accustomed to 
see the highest military and civil powers of a nation so received, 
used and resigned, as they have been in this glorious instance. 
Every reflection and sentiment connected with this interesting sub- 
ject, will naturally arise in our minds. May the same benevolent, 
wise, and over-ruling providence, which has so constantly and re- 
markably sustained and protected us, preside over the public de- 
liberations and suffrages. 

It gives me pleasure to inform you, that at a treaty held in this 
city, under the authority of the United States, a tinal agreement hasK(| 
been concluded between this state and the Indian tribes, who call 
themselves the seven nations of Canada, Although their title to 
the territory they claimed was not unquestionable, yet it was 
judged more consistent with sound policy, to extinguish their 
claims, and consequently their animosities, by a satisfactory settle- 
ment, than leave the state exposed to the inconveniences which 
always result from disputes with Indian tribes. Besides consider- 
ing our strength and their connparative weakness, every appear- 
ance of taking advantage of that weakness, was to be avoided. 

The claims of the Mohawks to certain other lands, still remain 
to be adjusted ; but there is reason to expect that these may also 
be amicably settled : and that the period is not far distant, when 
the Indians on our borders, having convincing proofs of our jus- 
tice and moderation, will by good offices and a friendly intercourse 
be led to rely on our benevolence and protection, and to view our 
prosperity as connected with their own. 

I submit to your consideration, whether the payments to be an- 
nually made to the different tribes, who are entitled to them by 
contracts with the state, should not be so ordered, as that they 
may bepMnc/MCJ% paid in a uniform manner, and at ajixed ex- 
pense. 

Difficulties were experienced in executing the benevolent in- 
tentions of the legislature respecting a Lazaretto in the vicinity of 
this city. Ground conveniently situated could not be purchased; 
and the placing it on Governor s Island, where it could not have 
been erected at a proper distance from the garrison was liable to 
strong objections. These difficulties have been removed by the 
liberality of the corporation of the city. They have gratuitously 
convejied Bedlow's Island to the state, for this and such other pub- 
lic' uses as the legislature may from time to time direct. Certain 
buildings, erected there by the French republic, have been pur- 
chased, aad prepared to serve the purpose of a lazaretto for the 



JOHN JAY. 53 

present. But as additions and alterations will be neccssar3% and as 
precautions should be taken to prevent that island ironi being I'ur- 
ther diminished, by encroachnients of the water, the appropriation 
of some money for these objects, will be requisite. 

The measures prescribecl by law, to prevent the bringing and 
spreading of infectious (hsenses in this state, have been taken, and 
faithfully executed. It is however to be lamented, that cases of 
the like t"evei' with that which in the last year proved so i'atal to this 
city, have occurred ; and ihcre is at present very little reason to 
doubt whether that disease may be generated here. The sul>ject 
of nuisances, therefore, having become important to the safety as 
well as to the comfort of our fellow citizens, well deserves the no- 
tice and interposition of the legislature. 

Precarious is the peace and security of that people who are not 
prepared to defend themselves. Permit me to observe, that this 
state has but one port, and that, important as it is to the whole 
state, its situation cannot yet be deemed secure. The fortifica- 
tions that were begun are stiil unfinished ; and it appears to me to 
merit consideration, whether this port can otherwise be secured 
than h}' skilfully fortifying the passage at the Narrows. It cannot 
be too frequently recollected, that seasons of peace and prosperity 
are the most favorable for measures and works of this kind. 

Consitlering the funds which the state possesses ; the appropria- 
tions which have been and will be made, lor various public uses ; 
the accounts consequent to such appropriations, and the evident 
utility of so arranging and conducting our fiscal aftairs, as that the 
funds may be advantageously managed, accounts with individuals 
regularly settled, and the balances due to and from them punctually 
paid : I think it my duty to suggest, whether more adequate provi- 
sion for these objects should not be made. 

Although our taxes have for years past been inconsiderable, and 
although there is at present no prospect of our being pressed by 
any necessity to increase them, j^et it is to be presumed, from the 
vicissitudes which attend human aliairs, that at some future period 
more ample contributions may become indispensible-; would it 
not, therefore, be prudent, at this calm and tranquil season, to 
adopt and establish such rules and regulations for taxation, as being 
perfectly consistent with the principles of justice and rational li- 
berty, and gradually acquiring the advantages of experience and 
usage, may relieve this delicate suV)ject from many of the perplex- 
ing questions about principle, mode and manner, which at all times 
are difficult, and which are particularly embarrassing in times of 
anxiety and agitation. 

The distressed situation in which the French refugees from St. 
Domingo arrived here, induced the legislature to provide for them 
in a very beneficent manner. The sums allotted for their support 
have been expended, and the accounts audited and settled ; many 
of those unfortunate persons have left the state ; but it is repre- 
sented to me, that a number of old persons and children are still 



54 governors' speeches. 

here, and in a situation so destitute and \vretched, that 1 cannot for* 
bear mentioning it to you. They cannot with propriety be con- 
sidered as the poor of any particular district ; their fate is pecuhar 
as well as distressing, and they appear to me as having become by 
the dispensations of Providence the poor of the state. 

It often happens that persons, not urged by circumstances equal- 
jy pressing, come into the state, from distant parts, and in many in- 
stances become burthensome to it. This subject seems to call for 
some regulations, especially as the law heretofore passed relative 
to it has ceased to operate. 

I ought not to omit informing you, that the honorable Mr. King 
having been appointed minister plenipotentiary to the court of 
Great Britain, and accepted that place, his seat in the Senate of 
the United States has become vacant. 

In the course of your deliberations on the affairs of the state, and 
the means of preserving and increasing the public welfare, many 
interesting subjects will rise into view — Such as these, among 
others : The manner in which the salt springs may be rendered 
most useful, and the woods in the neighborhood of them best pre- 
served ; the facilities and encouragement that may be proper to- 
wards obtaining an accurate map of the whole state ; the necessity 
of rendering the laws, respecting roads and bridges, more effec- 
tual ; and of revising and amending those which relate to the mili- 
tia, and which direct the inspection of certain of our staple commo- 
dities. As these and various other objects derive importance from 
their relations to the general welfare, they will, I am persuaded, 
receive a proportionate degree of your attention ; and I assure 
you, that it is no less my desire than it is my duty, to co-operate 
with you, in guarding and promoting the prosperity and happiness 
of our fellow-citizens. 

JOHN JAY. 

JVcTi'-ForA-, November 1, 1796. 



The Legislature met pursuant to Lara at the City of Albany, on the 
second of January, when the Governor opened the session zvith the 
following 

SPEECH : 

Gentlemen of the Senate and Assembly, 

It must afford sincere and cordial satisfaction to our follow-citi- 
zens, to see the representatives whom they have freely chosen, 
thus peaceably and calmly assemble, to deUberate on their com- 



JOHN JAY. . Ltd 

mon concerns, and to concert the measures most conducive to 
their common prosperity. 

Nor will they derive less satisfaction from the retlection, that at 
this moment the representatives of the '.ation, of which this state 
constitutes an important member, are in like manner convened, and 
in harmony proceeding to consider and provide for our national in- 
terests. 

This is an eventful and interesting period ; and very important 
and impressive are the circumstances and considerations, which 
render union, prudence and energv essential to the welfare, if not 
to the safety, of the United States. May the great author and 
giver of good counsels, dispose and enable our governments and 
people to tultil their respective duties wisely. 

During the last summer, an extraordinary occasion induced the 
President to convene the congress. Their acts and journals will 
be laid before you, for your information. Among the acts there 
is one of which it is proper to make particular mention. 

It is entitled " an act authorising a detachment from the militia 
of the United States." By it the President is empowered to re- 
quire of the executives of the respective states, to take effectual 
measures, at such time as he shall judge necessary, to organize, 
arm and equip, and hold in readiness to march at a moment's warn- 
ing, the proportion of eighty thousand men assigned to them re- 
spectively. 

In pursuance of this act, the president has been pleased to di- 
rect, that the quota of troops assigned to this state, should be held 
in readiness ; and orders have been accordingly given, and in nu- 
merous instances have been complied with, in a manner very hono- 
rable to the militia of this state. 

It will not escape your observation, gentlemen, that by this 
act the executives of the several states are not only to organize, 
but also to arm and equip the detachments required of them* 
When on this, or any future occasion, such detachments shall be 
called to the tield, it is not to be expected that they will be found 
completely armed and equipped. There will doubtless be defi- 
ciencies ; and to me it appears proper, that the necessary supplies 
should be seasonably provided, and that they be managed in the 
manner best calculated to guard against waste and misapplication. 

On reviewing the internal affairs of the state, you will, I think, 
find it necessaiy to amend some of our existing statutes. 

The act making alterations in the criminal law, and substituting 
the punishment of imprisonment instead of death for certain felo- 
nies, appears to me to have omitted either expressly to declare, or 
impliedly to decide, whether in any and what respects the convic- 
tions in those cases extinguish or affect civil rights and relations. 

The restriction in the act respecting assistant attornies general, 
which limits the appointments to counsellors at law resident in 
the respective districts, has been and still is in one of the dis- 
tricts productive of inconvenience and embarrassment. 



56 GOVERNORS' SPEECHES. 

The laws respecting quit rents might in my opinion be amended 
by a provision, enabling the holders of land subject to it, to acquire 
at any time an exoneration from that charge, on just and reasonable 
terms. To me it appears advisable, that the proprietors of land 
throughout the state, should, by the gradual operation of such 
a provision, be eventually placed in this respect on a similar and 
equal footing. 

Imperfections in the militia laws are frequently experienced ; 
and the relation which this subject bears in the defence of the na- 
tion in general, and of this state in particular, places it in an inter- 
esting point of light. The maxim that every nation ought to be 
constantly prepared for self-defence, is founded on the experience 
of all ages ; it is true at all times, and under all circumstances : it 
is by the constitution of the state expressly recognized and adop- 
ted, and in strong terms enjoined as a duty on the legislature. It 
deserves, therefore, to be considered whether the provisions made 
by the existing laws for this object, are sufficiently ample and ade- 
quate. 

Under colour and cover of the act for defraying county charges, 
taxes are often so unequally assessed on unimproved v/ood land, 
and with such inexcusable waste and destruction collected, as to 
require legislative interposition. Every system of taxation is cer- 
tainly defective and exceptionable, which does not afford tlie best 
checks which human prudence and human laws can devise, 
against partiality, fraud and oppression. That government cannot 
cease to attract and to preserve confidence and attachment, which 
leaves no rights without protection, no grievances without redress. 

It is considered as a rule to which there are few exceptions, that 
when a law is treated with manifest and general disrespect and dis- 
obedience, it should either be repealed, or more competent means 
to enforce it be devised ; a tolerated violation of one law naturally 
leading to, and encouraging the infraction of others. 

Although the obligation to observe and obey equal and constitu- 
tional laws, plainly results from our social compacts, and makes a 
part of the moral law, yet the statute prohibiting usury and limit- 
ing the interest of money, is notoriously and daily violated, and 
that, not only by those on whom such considerations have little in- 
fluence, but even by too many of those whose characters and con- 
duct arc in other respects fair and correct. 

There is also much reason to regret that more respect is not 
generally paid to the injunctions of the act relative to Sunday. If 
the Sabbath be, as I am convinced it is, of divine appointment, this 
subject ought not to be regarded with indifference. 

In a state so progressive as ours, new cases and exigencies will 
frequently arise, and require legislative provision. 

At least twoarstaals for the reception and safe keeping of mili- 
tary stores, are thought to be necessary ; one at New-York and 
another at this place. For the one at New-York, the corporation 
of that city have liberally and gratuitously granted to the people of 



.TOHN JAY. 57 

the state, a large, and valuable lot of gound, and the commissioners 
have my approbation to erect an arsenal on it. 

The sitnation of Albany, considered in relation to the other 
counties, to security, and to the facdity of transportation by land 
and water, seems to point it out as a proper place for an arsenal, 
a-nd on a larger scale than the one proposed for New-York, if 
these ideas should meet with your approbation, the means of reali- 
zini^them will of course be attended to. 

The value and importance of the military stores which will from 
time to time belone; to the state, require that they should be well 
preserved, and also securely kept. Both these considerations unite 
in suggesting whether these purposes, can be so properly and eco- 
nomically effected, as by a competent number of guards, carefully- 
selected, organized and regulated. The utility of this measure 
becomes more apparent on considering, that it may be made sub- 
servient not only to the security and business of the arsenal, but 
also to the security of the state prison ; every escape from which 
however caused, will in a degree counteract the purposes of that 
benevolent institution. Sound policy dictates that our mild punish- 
ments should be made to produce by their certainty and duration, 
a portion of that di-ead which sanguinary ones impress by their 
severi'y. 

I forbear, gentlemen, to press your attention to the great inte- 
rests of learning, public justice, agriculture and commerce, being 
persuaded that nothing will be omitted to render the session useful 
to oar fellow-citizens and honorable to their representatives. 

.JOHN JAY, 

Albany, January 2, 1798. 



T7ie Governor, by proclamation, convened the Legislature at the 
City of Albany, on the ninth day of August. After having orga- 
nized, they met the Govertior in the Assembly Chamber, zvhen he 
opened the sessioti 7s:ith this 

SPEECH : 

Gentlemen of thk Senate and Assembly, 

Perceiving the various objections which opposed the holding a 
special session of the legislature, and particularly at this season of 
the year, it was not until after very mature refl'-'ction, that I became 
convinced that it was my duty to convene you. The reasons on which 
that opinion was founded, have been made known ; and subsequent 
events have not diminished their force. Our national aflairs, in re- 
lation to France, had since the last session assumed an aspect so 
serious and alarming, as to induce the government of the United 

8 



58 

States to communicate to the public the information contained ih 
the state papers, which will be laid before you ; and thereby to ap- 
prise the nation of the dangers which demanded immediate atten- 
tion to their defence and security. Although aware that this great 
business belonged to the national government, yet how far the 
safety and essential interests of this state required that auxiliary 
and correspondent measures on her part should be taken without 
delay, was a question more proper for yon than for me to consider 
and decide ; and that it might, without loss of time, be submitted to 
your conrideration, a special session vvas indispensable. 

From the disinterested and friendly attentions early and repeat- 
edly paid to the government of the French republic ; and particu- 
larly in not only recognizing its independence and authority at a 
delicate crisis ; but also in paying to it, before all the stipulated 
periods had arrived, the whole debt contracted under the monar- 
chy, the United States had reason to expect that the most scrupu- 
lous regard would have been shewn by thai republic, to all the 
rights which belonged to their independent, pacific and neutral 
situation. But these expect<itions, however rational, proved to be 
delusive. The rulers of that republic immediately endeavored to 
take undue advantage of this friendl}' disposition, and did not hesi- 
tate to practice improper arts, and to make overbearing attempts to 
involve us in their wiirs, and for their objects ; and that Avithout 
any regard to the state of peace and tranquillity with which Provi- 
dence had blessed us, and which it was not less our duty than our 
interest to preserve and maintain, until reasons the most cogent 
and indispensable should render a recurrence to arms necessary 
and justifiable. 

It is remarkable that from the arrival of the first minister sent 
here by that republic, their conduct towards us has been constantly 
becoming more and more disrespectful, offensive and inimical, not- 
withstanding the sincere and conciliatory overtures made to theuj 
by the United States. Two legations sent to them, with ample 
powers and instructions to propose and even to request an amicable 
discussion and settlement of differences, have been treated and 
repelled in a manner repugnant to justice and decornm ; and the 
late very reprehensible and disgusting demands which have been* 
made, leave no room for us to believe or hope that peace with 
the United States is among the objects of the present directory. 
The intrigues and violence by which several European republics 
have been subjugated and impoverished, and by which the peace 
and neutral rights of otlier unoffending nations continue to be dis- 
turbed and violated, cast light on the designs and views of France 
in their treatment of this country. They unite in admonishing us 
to guard against that system of deception, domination and rapine, 
which, embracing both Europe and America, will, with respect 
to the latter, be still more decidedly manifested in case the direc- 
tory should acquire a preponderancy on the ocean. 



JOHN JAY. 59 

Very wisely, therefore, has the government of the United States 
called upon the nation to prepare for defence ; and \cry incumbent 
it is on every state and on every citizen to co-operate in providing 
for the general security. Whether any and what measures con- 
ductive to that end, should now be adopted by this state, is a sub- 
ject which deserves your serious consideration ; it is a question 
which comprehends several interesting objects. The defence of 
our port, respecting which some papers will be laid before you ; 
the defects of the militia laws ; the want of arsenals and of sun- 
dry articles of military stores, and of appropriated funds for con- 
tingent military services, are with others of the like kind worthy 
of attention. 

While security is in question, the expense of providing for it is 
n secondary consideration. The objects before mentioned cannot 
be accomplished without more expense than the United States can 
seasonably and fully provide for. I am apprised of the state of our 
treasury, and that it has been greatly exhausted by appropriations 
heretofore made by the Legislature ; but as on the one hand no 
money can be taken from it without legislative authority, so on the 
other, it can only be replenished by such means as may be pre- 
scribed by law. It is to be regretted that too many of our citizens 
seem to have inadvertently flattered themselves, that unlike all 
other people past and present, they were to live exempt from 
taxes. To the influence of this error it is owing, that the state is at 
this moment in debt, and paying interest for money which in my 
opinion, it would have been more wise to have collected by a tax, 
than to have obtained on loan. To me it appears to be for (he in- 
terest of the state, that the principal of our funds, unless on great 
and urgent occasions, should remain untouched, and that whenever 
our necessary expenses exceed our income, the deficiency 
should be supplied by taxes judiciously and impartially imposed. 
The confidence I have in the good sense of our constituents per- 
suades me, that every tax adopted on proper occasions, and for ne- 
cessary purposes, and on an equitable plan, will meet with their 
approbation ; especially when they reflect that :dl the officers of 
the government, and every member of the legislature, must par- 
take in its inconveniences. 

But whatever difticuities or differences m opinion may exist or 
occur, relative to our domestic expenses, it certainly becomes us 
unanimously and firmly to resolve, that they shall not be increas- 
ed by tribute and contributions t<) any foreign nation. The great 
Sovereign of the universe h;?s given us independence, and to that 
inestimable gift has annexed the duty of defending it. We may be 
involved in a severe contest, but we have no reason to despair of 
success. The United States cannot be conquered but by civil dis-. 
cord, under foreign direction ; and it is useful to recollect, that to 
this cause all fallen republics have owed their destruction. Histo- 
ry will declare to future ages, that the United States were as kind' 
as a neutral nation could with justice be, to the republic of Fi'auce. 



60 governors' speeches. 

in the day when her destiny was doubtful. It is to be hoped that 
history will also declare, that when in the day of her power, France 
became tyranical as well as triumphant, and had indecently re- 
quired us to descend and take a place among her tributaries, the 
United States, with great magnanimity, and not with less wisdom, 
spurned her requisitions and maintained their dignity. 

Permit me to conclude by assuring you, that 1 shall most cor- 
dially co-operate with you in cherishing a spirit of union and of pat- 
riotism ; and in encouraging and enabling the citizens of this state 
to take, not only a due and necessary, but a distinguished part in 
preserving and transmitting to posterit}-^ our national honor unsul 
lied, and our national rights and sovereignty undiminished. 

JOHN JAY. 

Albany, August 9, 1 708. 



The Lesislaturc met pursuant to law, and after having organized 
both houses, they communicated -^ith the Governor, who opened. 
their session with this 

SPEECH: 

Gentlemen of the Senate and Assembly, 

You will, I am pursuaded, join with me, in deeply regrettmg 
that the topic which naturally rises first into view on this occasion, 
is the afflicting and unexpected death of that virtuous and great 
MAN, who both in the field and in the cabinet, in public and in pri- 
vate life, attracted such an uncommon degree of merited esteem, 
confidence and admiration. His memory will be cherished by the 
%vise and good of every nation ; and truth, triumphing over her 
adversaries, will transmit his character to prosterity in all its genu- 
ine lustre. His excellent example and excellent admonitions still 
remain with us ; and happy will that people be whose leaders imi- 
tate the one and observe the other. But painful and important as 
our loss is, and difficult as it may be to restrain the effusions of our 
sensibility, yet it is to be recollected that the duties and business 
for which we are assembled, have indispensible claims to attention. 
Let us therefore proceed to fulfil those duties, and to do that busi- 
ness with the like laudable fidelity, circonispection and diligence, 
by which that real and eminent patriot was so greatly distinguished. 

I take this early opportunity of laying before you a resolution of 
the legislature of Connecticut, signifying a desire amicably to 
settle the controversy mentioned in it ; and appointing commission- 
ers on their part for the purpose. This resolution will doubtless 
be received v?ith respect and cordiality. Such is the respectable 



JOHN JAY. 61 

character of Connecticut, and so intimate arc our mutual relations, 
that a controversy so singular in its origin, so irritating in its pro- 
secution, and so mischievous in its tendency and ex.imple, cannot, 
in my opinion, be too soon extinguished by amicable and proper 
stipulations with that state. 

I also lay belore you certain resolutions of the legislature of 
Vermont. They propose an amendment to the constitution of 
the United States, which, from the importance of it, as well as 
from the respect due to a sister state, is entitled to mature conside- 
ration. 

The constitution of this state having with great wisdom com- 
mitted the legislative, executive and judicial powers of govern- 
ment, to three distinct departments, I submit to your conside- 
ration whether the recent practice of annual gratuitous allowances 
by the legislature, to the officers of the executive and judicial de- 
partments, can consist with that independence by which alone the 
constitutional balance between all the departments can be kept 
even, and their reciprocal checks on each other be preserved. 
The small proportion which our important public statutes bears to 
the numerous private ones, passed for individual or for local and 
particular pur{)oses, become remarkable. Mia;ht not the cl;\ims of 
individuals be for the most part heard, examined and ascertained in 
some mode more easy to them, and less expensive to the st .(to, than 
by the legislature ; and ought not busmess of great and general mo- 
ment, to precede that of less and limited importance ? It has not 
unfrequently happened that the earlier part of the session h.is 
been so far consumed in debates, and in preparing and passing acts 
respecting these lesser matters, that n)iich interesting public busi- 
ness has been either too hastily dispatched towards the coiiclusion 
of the session, or been entirely relinquished and left untinished. 
The frequency of acts for private incorporations, and the difficuliy 
of afterwards restraining or correcting the evils resulting to the pub- 
lic from unforeseen defects in them, lead me to advert to the pru- 
dence of passing them only under such circumstances of previous 
publicity and deliberation, as may be proper to guard against the 
effects of cursory and inaccurate views and impressions. 

Promising theories are not always conlirmefl by experience ; 
and it is found that new laws, however carefully framed, have 
sometimes proved to be less salutary than was expected ; and even 
to be productive of greater inconveniences than those against 
which they were intended to provide. Of this description is the 
act for the trial of causes to the amount of ten pounds. The 
evils arising from certain defects in it are manifest, and are gene- 
rally seen and acknowledged. The skilful and beneficial manner 
in which it has, by a late act, been moditied and adapted to (he city 
of New-York, leaves little room to doubt but that it may likewise 
be so amended and modified, as to be well accommodated to every 
other part of the state ; and the execution of it rendered more 
easy and agreeable to the magistrates. The statute relative to 



62 

punishments being in a course of fair experiment, I will only 
suggest, whether it would not be more expedient, that persons 
convicted of the impious and dangerous crime of perjury, and of 
assaults with intent to commit felonies of any kind, should receive 
their punishment of imprisonment in the state prison, than in the 
common gaols ; from which escapes are more easily efl'ected, and 
where the taverns usually, and in my opinion unadvisedly, per- 
mitted to be kept, lead to irregularities and corruption of morals. 
Notwithstanding the care with which our laws and regulations re- 
lative to infectious diseases have been observed, yet our principal 
city has again been distressed by the return of a very destructive 
one. Whence it arises, is a question which still remains involved 
in much obscurity ; but as either of the two natural causes, to 
which it is generally ascribed, may he the true one, every further 
mean which human sagacity can devise, should be employed to re- 
move or counteract them, If, however, in this instance, as in 
many others. Providence is accomplishing the purposes of moral 
government by the instrumentality of second causes, our future 
preservation from their calamitous effects, will depend more on 
moral than municipal reforms. 

As the government most to be preferred, is that which procures 
to the people the greatest degree of justice, security and rational 
liberty, so by such a government no acts or symptoms of defiance 
to lawful authority are viewed with indifference. Experience 
shews that impunity invites aggression, and that licentiousness 
always derives encouragement from toleration. Feeling the force 
of these reflections, I think it my duty to press your attention to 
the daring opposition which has repeatedly, and with singular im- 
punity, been made in the county of Columbia, to the judicial au- 
thority of the state ; and to the recent indications of it which are 
detailed in the papers which I shall lay before you. The man- 
ner in which these offences are perpetrated, renders the ordinary 
means of suppressing them, in several respects inadequate. While 
we rejoice, and with great reason, in the general and increasing 
prosperity of the state, it is proper to reflect that, nest to the kind 
providence of the Almighty, we owe this prosperity to the security 
■with which industry pursues its lawful objects, and enjo^'S its fruits. 
It is therefore of the last importance that this security be preserv- 
ed, and that the regular administration of justice which protects it 
be not interrupted. Whatever may be the claims or rights of 
contending individuals, it is their duty to meet each other in the 
proper courts, and peaceably acquiesce in the justice of their 
country ; and it is equally the duty of tlie government to protect 
the citizens in the quiet enjoyment of their property and rights., 
and to enforce obedience and submission to the laws. 

Although the great and national affairs of war and peace do not 
belong to our jurisdiction, yet such is their importance to our 
immediate welfare, and so great would be our danger if any falla- 
cious prospects of peace should mislead us into a state of ill founded 



J0H5 JAY. 63 

secarity, that the verr jadicioas and seasonable remarks of our 
patriotic President on this sabject, cannot be too generally knowH, 
nor too strongly impressed. He reminds us that, " at a period, 
" like the present, when momentons chaijges are occurrinz- and 
*' every hoar is preparing new and great events in the political 
*• world : when a spirit of war is prevalent in almc^st every nation, 
" with whose affair; the interests of the United States have any 
" connexion, nasafe and precarious woald be oar situation, were 
" we to neglect the means of maintaining our jast rights." From 
the same high and respectable authority we are given to under- 
stand that under existing circumstances. " nothing short of the 
" power of repelling aggressions, will secure to our country a ra- 
*'• lional prospect of escaping the calamities of war, or" (what 
would be still more calamitous) " national degradation.*' The 
measures which have been taken, pursuant to acts of tbi= state, 
relative to those subjects, shall be mentioned in a future communi- 
cation : and it is evident, from the preceding observations, that our 
attention to them is not to be relaxed. 

Among other objects which will present themselve? to yon. 
there is one which I earnestly recommend to your notice and 
patronage. I mean our instilations for the education of youth. 
The importance of common school* is be?t estimated by the good 
effects of them where they most abound, and are the best regulated. 
The two colleges in this state have, from their extensive and in- 
creasing utility, strong claims to the care of the legislature, ai>d i: 
appears to me that they should be enabled nnilormly to answer the 
valuable purposes for which they were estabhshed. Our ancestors 
have transmitied to tis many excellent institutions, matured by th^ 
wisdom and experience of ages. Let them descend to our p-jsten- 
tv, accompanieid with other?, which by promoting usetbl know- 
ledge, and multiplying the blessings of social order, a&d diffusing 
the influence of moral obligations, may be reputable to us and 
beneficial to them. 

Con^ious thai the sentiments which I have now expressed, are 
prompted by the best motives, and by an ardent desire to adraice 
the welfare of our common country : and being persuaded diai 
your dehberations will be animated by similar view? and dispog- 
tions, I indulge the ple^ng expectation, that the results of tihis 
session will correspond with the high trust and OHifidence reposed 
in Us by our constituents. 

JOHN JAY 

.HboBv, January 2Bf 1800. 



64 GOVERNORS* SPEECHES. 

The Lcgislaiure met at the City of Albany, 07i the fourth day of 
November, one thousand eight hundred, -when they 'waited upon 
the Governor, -who made the follon^ing 

SPEECH : 

Gentlemkn cJF THE Senate aSd Assemelv, 

The great importance of the business which, at stated periods 
fixed by law, requires your convening at this earJy season, having 
heretofore been considered and experienced, it cannot be neces- 
sary to enumerate the various considerations which entitle it to 
serious attention. Connected with this is another topic, which 
needs only to be mentioned, to excite reflections which on such 
occasions, will always be seasonable and proper. It is natural 
that the election of a first magistrate for the nation, should divide 
even patriots into parties : while not intemperate, few public in- 
conveniences result from them. But, history informs us, that 
when such parties, being nearly balanced, become highly inflamed, 
they often endanger not only the tranquility, but also the political 
existence of republics. It is wise to profit by the experience of 
others. Our governments are yet in a course of experiment : 
and care should be taken that it be a fair experiment, and that it 
be not interrupted by those tendencies to innovation which certain 
passions, when too fervent, sometimes produce. 

Since the last adjournment few circumstances have occurred, of 
such a nature, as to require being recommended to your particu- 
lar notice. Providence still continues to bless our country with 
prosperity ; and nothing remains for us, but to enjoy it with grati- 
tude ;ind moderation, and in our several stations to endeavor to pre- 
serve and advance the welfare of the state. To this end, prudence 
directs us frequently to review our public affairs, and to correct 
and amend whatever may appear from experience to be suscepti- 
ble of material improvement. 

On such a review it will probably be found, that among the 
different classes of public expenditures, there are some which de- 
mand more order and economy. I allude particularly to the ex- 
penses of the counties and towns, and to the manner in which they 
are at present incurred, liquidated and conducted. It is said, and 
I fear with too much truth, that in a majority of the counties, these 
expenses very ftr exceed the amount of their respective propor- 
tions of the state tax. This would not continue to be the casein 
so great a degree, if the accounts against them were as carefully 
and scrupulously admitted and audited, as those against the state ; 
and if they were controlled and ordered with equal notoriety, 
independence and responsibility. The present manner of trans 
•acting these affairs is certainly defective, and the interest of the 
inhabitants requires that it should be revised and amended ; and 
the more so, as certain boards oi supervisors have, as I am in- 



JOHN JAY. 65 

t'ormed, not hesitated in some instances, to treat the statutes of the 
state with unequivocal disobedience. 

Although our present system of taxation is far preferable to 
the preceding one, yet time will doubtless discover imperfections 
in it. The reprehensible inequalities in assessments have already 
been observed and complained of. Injustice, when committed un- 
der the forms and authority of the laws, is alvMiys particularly 
painful and disgusting, and excites emotions which are not friendly 
to government. I am persuaded that the result of your delibera- 
tions on this subject will confirm the public confidence in the wis- 
dom and rectitude of the legislature. 

Few circumstances are more essential to the duration of civil 
liberty and the well being of a free people, than that the depart- 
ments and officers of their government do, on the one hand, exercise 
on proper occasions all the powers and authorities constitutionally 
committed to them ; and on the other hand, that they do not ex- 
ercise on any occasion powers and authorities which are not con- 
stitutionally committeJ to them. Notwithstanding the delicacy of 
the subject, I thin- it my duty to submit to your candid and dis- 
passionate consideration whether the power which has been ex- 
ercised by the legislature to control the lawful operation of wills 
and descents in individual cases, by private acts, is not liable to 
such well founded objections, as that it should not in future be 
permitted to acquire further claims to assent and acquiescence on 
the ground of precedeut. That I may be clearly understood, per- 
mit me to remark — 

That the right lawfully to acquire, inherit and hold, as well as 
lawfully and freely to grant, devise and dispose of land or other 
property, is included among those which the constitution intended 
to secure to every citizen. That valuable civil privileges are by 
the constitution conferred exclusively on that class of citizens who 
are freeholders, and which privileges they lose when they ce,'>se to 
have lands of a certain value, v/f'hatthe constitution has ordained 
and declared, " that no member of this state shall be disfranchised 
or deprived of any of the rights or privileges secured to the sub- 
jects of this state by this constitution, unless by the law of the 
land and the judgment of his peers." That although this provi- 
sion was doubtless intended more immediately for the security of 
citizens charged with offences, yet that it necessarily, and with 
still greater force applies to citizens to whom no offences are im- 
puted. That by " the law of the land," is to be understood, the 
public, general, and constitutional laws of the state, equally and 
impartially affecting all persons and cases wnder similar circum- 
stances, and to be administered and applied to those persons and 
cases, in the ordinary course of judicial proceeding ; and conse- 
quently not a mere private act, confined in its object and operation 
to a particular case, and directly applied to that single case, and to 
the individuals interested in it, without the intervention of any ju- 
dicial inouiries or proceedings whatsoever. I am not unmindfiil of 

9 



Ij6 GOVEHxNOtls' SPEECHES. 

the undoubted authority of the legislature to grant exclusive privi-< 
leges, for public purposes, to corporations, in restraint of the rights 
of others ; and to take land from individuals, for public uses, on 
paying the. value of it. But there have been instances, and one of 
recent date, where by private acts, passed expressly for the pur- 
pose, infant freeholders have been divested of certain of their 
lands, and trustees appointed to sell them, for their supposed bene- 
fit ; whereby the nature of their property has been changed, and 
their civil rights, as freeholders of those lands, extinguished. Al- 
though these private acts were passed from the best motives, and 
with intent to serve, not to injure those infants, yet how such in- 
terferences with private property can consist with the constitution, 
or with the principles on which the judicial department was insti- 
tuted, or with the security of property, or with the inestimable pri- 
vileges which every citizen has, and ought tn have, of freely and 
lawfully disposing of his land by his will, or by voluntarily leav- 
ing it to descend according to law, are inquiries which really ap- 
pear to me to be exceedingly interesting. 

On further reviewing the state of our public affairs, it will be 
found, that experience has hitherto evinced the propriety of pla- 
cing all religious denominations on an equal footing ; but the statute 
enabling them to incorporate, and to make contracts with, and for 
the support of their ministers, appears to be defective, in not hav- 
ing provided legal means sufficiently competent for executing those 
contracts with convenience and facility. The importance of this 
s\ibject is strongly expressed in the preamble of that statute. It 
declares it to be "the duty of all wise, free and virtuous govern- 
" ments to countenance and encourage virtue and religion, and re- 
" move every let or impediment to the growth and prosperity of 
*' the people, and to enable every religious denomination to pro- 
" vide for the decent and honorable support of divine worship, 
" agreeable to the dictates of conscience and judgment." I there- 
fore submit to your consideration, the expediency of enabling them 
to cause the sums made payable by such contracts, to be assessed 
on the members of their respective corporations, in proportion to 
their taxable estates, as rated in the legal assessments and to have 
the same levied, and (after the usual deduction for charges) paid 
to them by the public collectors. 

There is another subject which in my opinion is worthy of con- 
slderatioo. When our constitution was formed, the rule establish- 
ed by it for regulating the future number of senators and repre- 
sentatives was founded on reasons which subsequent events and 
circumstances have materially altered. According to this rule, 
the number will continue to increase, and will become not only in- 
convenient, but also unnecessarily expensive ; for although a seat 
in the legislature, is a place of honor, and not of profit, yet the ex- 
penses, however strictly regulated by this principle, will neverthe- 
less far exceed the limits prescribed by prudence and the public 
good. I therefore think it proper to suggest, whether provisioia 



JOHN JAY. 67 

should not be made by law for electing a convention, for the sole 
and exclusive purpose of ordaining what shall be the number of 
senators and representatives at future periods ; and of fixing the 
limits which it shall at no time hereafter exceed. 

Your deliberations, gentlemen, will doubtless extend to several 
objects, respecting which it will be proper for me to communicate 
to you official information. Care shall be taken that this be done 
in season ; and I assure you, that nothing on my part shall be omit- 
ted, to render this session beneficial to the state, and agreeable to 
Yourselves. JOHN JAY. 

Albany, November 4, 1800. 



GEORGE CLINTON. 



The Legislature met, pursuant to law, at the City of Albany, on the 
twenty-sixth day of January, and on the same day the Governor 
made this 

SPEECH : 

Gentlemen of the Senate and Assembly, 

I CANNOT refrain, at this first opportunity presented me for meet- 
ing the legislature, from congratulating you upon the flourishing 
condition of the United States. Under an administration extensive- 
ly possessing and highly meriting the public confidence, we have 
reason to believe that the external and mutual relations of the 
states will command every proper attention, and engage every 
proper support. 

Our participation with our sister states, in the general prosperi- 
ty, ought not, however, to diminish our exertions in cultivating 
those peculiar advantages with which we are favored by the Su- 
preme Dispenser of all good ; and in obeying the injunction of the 
constitution, to recommend such matters to the consideration of 
the legislature, as shall appear " to concern the good government, 
"welfare and prosperity of the state." I feel confident that no- 
thing in your power will be wanting for the promotion of those im- 
portant objects. 

The situation of our finances will demand your particular atten- 
tion. Claims to a considerable amount, arising from monies bor- 
rowed and other sources, exist against the state, and have induced 
a resort to taxation for the last two years. These demands ought 
to be satisfied as early as a due regard to general convenience will 
admit ; and considering our resources, there is reason to believe 
that they could have been soon extinguished, without laying any 
additional burthens on our constituents, were it not for the engage- 
ment to expend in fortifications a very large sum, supposed to be 
due to the United States. How far this balance was originally just, 
or how far it will or ought to be exacted from this state cxclusivelj^ 
are questions which it is not within my province to decide. The 
proceedings under the act providing for the extinguishment of this 
demand, will be laid before you ; and if the public exigencies shall 
require a continuation of taxes, I submit to the legislature whether 
a revision of the system will not be indispensable, in order to ren- 
der assessments more equal and just ; collections more speedy and 
operative, and both less expensive. 

In taking a review of the resources of the state, and in devising 
appropriate improvements, a variety of subjects will necessarily 
engage your attention. 



GEORGE CLINTON. 69 

The claims of d6ner by widows of attainted persons, have as- 
•sumed so serious an aspect, that the coinrnissioners appointed by 
law for their liquidation and settlement, deemed it expedient at the 
last session to submit them to the decision oithe legislature ; and 
as nothing was dehnilively arranged at that period, a great number 
of suits have been commenced against persons deriving title from 
the state. While the honor of the state demands that all proper 
claims should be satisfied, an attention to public economy equally 
requires that the treasury should be guarded against improper or 
fraudulent demands. In the course of the session, this subject will 
no doubt receive an attention commensurate with its importance. 
■ The benevolent views of government, in substituting to a cer- 
tain extent the punishment of imprisonment instead of death, have 
been ia a great measure realized, as far as we can judge from ex- 
perience. But it may be well worthy of consideration, whether 
the expenses of the establishment have not been unnecessarily sur- 
charged by confining in the state prison petty offenders, sentenced 
to an imprisonment exceeding a year, and whether every useful 
object would not be equally well attained, and at the sam.e time a 
considerable expense in conveyance and maintenance saved, by a 
different regulation with respect to this class of offenders. When 
on this subject, it may be proper to observe, that as the establish- 
ment of a military guard has been deemed essential for security 
against escapes, it is necessary that some detmite system of disci- 
pline and government should be prescribed, to give efficacy to that 
institution. 

It is to be regretted, that the sessions of the legislature should 
be protracted by the consideration of claims which have been fre- 
•i[uentl3' decided against ; as if importunity would ensure success, 
and as if frequency of application would eventually weary into 
compl'iance, the attention oi' the legislature has been too much di- 
verted from important objects of public policy, by aj)plications 
which have been renewed from session to session. The right of 
petitioningjis a sacred right, but its abuses ought not to be counte- 
nanced ; some remedy for this evil would be highly expedient, if 
the nature of the case can admit of one without a collision with an 
essential right of every citizen. 

^'he provision in the act concerning slaves and servants, autho- 
risn)g the owners of slaves, under certain circumstances, to aban- 
don them to the state, will prove a source of growing expense. 
and will require particular interference : and I feel happy in the 
persuasion, that the reasonable claims of individuals may be fully 
attended to in this case, without invac'ing the rights of hum.anity, 
or the pecuniary interests of the state. 

The situation of the salt springs also deserves your attention ; 
hitherto they have been a source of inconsiderable profit. In ac- 
commodating a large portion of our fellow citizens with a necessa- 
ry article of life, an important object is indeed attained ; the bene- 
Hts of which would, however, be enhanced, if at the same time 



irOP 







9 
GEORGE CLPfTOv 7| 

plinTiiihe deacu- -■:.-. I cannot bet i^r'- ' ' : ■ - r. eci ii*5 oc* 
hiiberxo receireii the ^::er.un ot tl-^e -er - -'•. 

The advacilaje* re?».:.r.r to tfe* >;• 
teTe?l5 of the -i^ie. ir:si :>s:iii:at:QC 

bctweea difiereat parti' oi' Uie coac' ccr. L<..-e;^..^e .ac- 

knowMsed m the Kberal gnnl^ ot' ■•ir^. Large :nw" 

bare bees snnited. ibr ■Mkn^ canai? - lUTigable wa- 

ter^, erectiae; bridges aad ofpemae r: *<=^tioa of the 

fSTenmeat has receadj been paiticaijffi ;< -icoqiora- 

uo* of tompifce coBfMBiPS. The saper '':-rrir\r 

care of the leetsLatnrc k still necessarr ' 
tw of pvrsnits of this aatare : bot if fatB ■■ 
pike ca M fM o i es sbooid be deemerl erpcQ 

o oa a ide iJ Oop. whether former ones have i _-.„.,.. 

ia p regciib ing the orieiaal lajioe oot ot the roaris. la a onnaer oiosc 
•obserriettt to the pabUc cdaTe!ueoce, and vrhe^ker a somiaary 
Bftode oa gjht aot to be prescribed, to exact a coespiiaoce intn those 

" — ? TJth the ioteadoa*: of goyernweat. 

- -a for the encaarageoieat of oaauMa schoois haviiic 
■-■^e^ cisKocammed. and the adrantaves to morads. reitgioa, Iih'^r: • 
Tad S!Qod gnTrrarnf arkins frvMn the g en eral <fifia^oa of k- 
leri^ beiag mmrtrsaltr adnHfXMl^ permit me to reooiBBet# 
^object to joar dehberate atlearion. The talare of one ex; 
meat for the a tt a ioaaent of aa impoftant oifjecL, oo^hc not to cis 
ra a r ag e. other ancmpti. 

5ach other matter? as may be deenje- f joar n*->*i : " 

1 be cogisD<anicat££l ia the coarse of . - a, asasnal. bv 



redect OQ ihe n^ pro ste g of oar popaiatioa : on 
the erta ca oa of oar aeCtlemeats : eo the doarishoig condition ot 
oar asncateare and coasoMrce : ea the pro g rc a of reitr- ' 
ratare aad aju^ hao fwied ge ; and on the seaeral pr - 
oar tellow citizen we canaotbot acknowieds-^^ wub ho;!.. .. _. ..^- 
tarfe the benigB (fepeasataoa of Dirioe Providence in grantins «s 
a free represestadre ga v er a mcn t, which may be coaisidered a« th^ 
priadpai aoorceof the dtAiagaibhed bkor i op? «« ei^y. Le: r 
ihea he oar care, as it is oar datr. to cherish the 7 - • - 
gorfriifrt wfaach has prodoced so aiach SDOod 
agaiasteTerr eacroachaient or deri^tioa, and oiut^ \3 e>-rrT €> 
felt to render it perpetual. 

GEO. CLIXTO.V. 
JOmiy, Jammrj 3S, iSOe. 



72 governors' speeches. 

On the twenfy-Jifth day of January, one thousand eight, hundred and 
three, the Legislature met at the City of Albany, irhen, after having 
elected the Officers of the Senate and Assembly, the Governor opened 
the session xciih the fullo~^ing 

SPEECH : 

Gentlemen of the Senate and Assembly, 

I have the satisfaction to inform yon, that nothing has occurred, 
in the recess of the legishiture, to disturh the pubhc tranquility 
or to impede the growing prosperity of the state. For a continua- 
tion of these inestimable blessings our unfeigned gratitude is due 
to the Supreme Disposer of all events. You must, however, 
have heard with regret of the late unwarrantable conduct of the 
Spanish Intendant at New-Orleans, calculated to deprive the peo- 
ple of the United States of the free navigation of the Mississippi ; 
but notwithstanding the sensibility so generally and justly excited 
on this occasion, there is every reason to believe that the wise and 
temperate measures adopted by the president will remove all 
cause of complaint : Should this not be the case, and a more vigo- 
rous course become proper and necessary, I feel confident it will 
be pursued ; and that this state, which so eminently exerted it- 
self in the establishment of American Independence, will disphiy 
equal limaess and patriotism in vindicating our national rights, 
from whatever quarter they may be assailed. 

Our fellow-citi7,ens, attached to our happy constitution from a 
conviction th.it it is wisely calculated, under Divine Providence, 
to ensure all the essential benefits of civil societ3% without any un- 
necessary abridgment of their natural rights, generally manifest 
a disposition to pay a due obedience to the laws, which they just- 
ly consider as the expression of their own will, and to give to 
government that genuine energy and support which are only to be 
derived from their confidence and affection. It is also with plea- 
sure I mention, that the duties assigned to the ditlerent depart- 
ments, as far as my observation extends^ continue to be performed 
with wisdom and fidelity. 

With respect to the various matters committed to my more im- 
mediate direction, I flatter myself you will find them executed in 
a manner that will meet your approbation, 'i'reaties have been 
helti with the Oneida and Seneca nations of Indians, and the objects 
contemplated by the laws authorising those ncgociations, accom- 
plished. Copies of the treaties will be laid before you, with an 
estimate of the sums which remain to be provided for, to comply 
with the stipulations contained in them. It may be proper to re- 
mark, that as n > provision was made for the payment of the sums 
mentioned in the agreement entered into with the Oneidas, under 
concurrent resolutions of the Senate and Assembly of last ses- 
sion, nor for defraying the expenses of the treaty directed to be 



GEORGE CLINTON- 73 

held with that nation, it became necessary to supply these defi- 
riences by private credit. I avail myself of this tlrst opportuni- 
ty of fulrtllinf? my engagement to the Seneca Indians, by recom- 
mending that legislative provision be made tor securing to them 
certain privileges specified in the treaty with that nation. 1 con- 
sidered their claims reasonable, and would have confirmed them, 
had not doubts existed respecting my authority. 

The annual report of the commissary of military stores, with 
the papers accompanying it, will communicate all useful informa- 
tion relative to that department, and disclose to you how far the 
ditlerent services enjoined on him by the act of last session, de- 
signating his duties, have been performed. Notwithstanding I have 
reason to believe this business has been conducted with a strict re- 
gard to economy, yet it is probable the expenses incurred may ex- 
ceed the sum at which they were estimated, owing to the extensive 
repairs which the arsenals required, and to the ruinous condition 
in which the small arms and accoutrements were found ; as it 
could not have been conjectured, that whilst large sums were ex- 
pending in defensive preparations, articles of the first utility 
would have been so much neglected. This effort to put our ma- 
gazine of miUtary stores in a state of repair is an useful one, but 
as it will appear trom the returns that the supplies fail far short of 
those enjoined by the constitution, it would be injustice to the wis- 
dom of the legislature, to doubt that such farther appropriations 
will be made as the state of our treasury tnay warrant, for a more 
perfect compliance with a constitutional injunction dictated by ;i 
regard for the public safety. The danger of placing a dependence 
on these supplies trom abroad, and the ditBoulty of procuringtheni 
when most wanted, point out the expediency of embracing the 
present favorable opportunity which peace aftbrds, for replen- 
ishing our magazines : In doing this, however, a preference ought 
to be given to articles which the ingenuity and industry of our 
own citizens can furnish, as thereby an additional object will be at- 
tained ; encouragement will be given to American artizans. 

With the returns of the reviews and inspections of the last 
year, I shall also cause to be laid before you those of the prece- 
ding one ; by a comparison of thdm you will have the satisfaction 
to discover an increasing attention to duty, honorable to the militia, 
and at the same time evincive of the beneficial eflects produced by 
the amendments made at the last session, to the militia law. It is 
submitted to your judgment to devise such farther improvements 
in the system as shall be best calculated to promote disciphne and 
encourage military ardor. 

Although it was to have been expected crimes would have mul- 
tiplied with the increase of our population, it is with peculiar 
pleasure I observe, that from the documents in my possession it 
may be inferred with a degree of certainty, that for the last three 
vears their number has been gradually diminishing. This circum- 



74 ?jOYErnors' speeches 

stance, vvhilist it is highly gratifying to philanthropy, and reputa- 
ble to the community, demonstrates the wisdom of the alterations 
made in our criminal code, by the rejection of sanguinary punish- 
ments and the substitution of a system more congenial with the 
mild spirit of our free government. 

This, with other wise improvements which have from time to 
time been made in our laws, and the recent judicious revision and 
amendment of them, have given to our jurisprudence such a de- 
gree of perfection as to induce a belief that any material altera- 
tions are at present unnecessary. Besides the obvious advantages 
attending the stability of laws, it is essential to Iheir due obser- 
vance, that they should be generally known and accurately under- 
stood ; but this is impracticable whilst they are subject to frequent 
changes, siuce time is required to ascertain by judicial decisions, 
the legal import of sections udmitting of difierent constructions ; 
and such are too frequently to be found even in amendatory sta- 
tutes. Should you, gentlemen, concur in this opinion, a greater 
portion of your time than usual may be devoted to other objects. 

The improvement of our fiscal concerns will naturally present 
itself to you as of superior moment, and the details contained in 
the comptroller's annual report, will assist in your deliberations 
on this important subject by suggesting measures lor rendering the 
funds of the state more productive of revenue. The salutary ef- 
fects resulting from the economical system and judicious arrange- 
ments of the general govei'nment afford an instructive lesson ; 
and if we pursue an example of such high authority and so worthy 
of imitation, there is reason to believe that the finances of the 
state may be placed in a condition com])etent to all the exigencies 
of government, without the necessity of recurring to taxation. 

The tract of land belonging to the state adjoining the Niagara 
river, including that ceded by the recent treaty with the Seneca 
nation of Indians, comprehends the carrying place and line of com- 
munication between the great western lakes. This and other in- 
teresting considerations arising from its fbntier situation, render 
it highly important that measures be taken for its speedy and regu- 
hir settlement. The interest of the state also requires more ef- 
fectual measures than have hitherto been adopted to prevent 
wastes and intrusions on the public lands. It is to be feared that 
the indulgent conduct of government has only tended to increase 
these pernicious practices. Most of the ofl'enders are strangers, 
ignorant of our laws, and it is time they were taught that transgres- 
sions are not to be rewarded with favors. Wholesomesettlers will 
not risk their labor in improving lands held by so unjustifiable and 
precarious a tenure, and sound policy as well as justice forbids our 
encouraging those of a different description. 

There is perhaDS no object connected with the internal com- 
merce of the stite, of greater consequence to its prosperity, than 
the navigation of Hudson's riTcr, and under this impression the 



GEORGE CLINTOX. 75 

le£?islature have at different times granted considerable sums which 
have been applied to its improvement and extension. It is obvi- 
ous, however, that the advantages to be derived from these ex- 
penditures can be but of comparative small value, unless the 
public aid shall be extended to the removal of the obstructions be- 
low this city, which greatly impede the passage of the river, and 
are found to be annually increasing, if it should be deemed ex- 
pedient to patronize this interesting undertaking, you will per- 
ceive the propriety of directing preparatory measures for ascer- 
taining the best manner of accomplishing it, and of committing its 
execution to agents of your own appointment, as attempts on an in- 
judicious plan might, without effecting the object, be productive of 
injurious consequences. 

Some defects which had been discovered in the laws establish- 
ing turnpike road companies, were suggested to the legislature at 
the opening of the last session ; but although the evils apprehen- 
ded from these defects were guarded against in the incorporating 
acts passed subsequent to that period, yet no remedies were ex- 
tended to the imperfections of the then existing laws ; and, as in 
these, no mode is prescribed to exact a compliance from the com- 
panies with the intentions of government, the trouble, expense and 
hazard of vindicating public rights devolve on individuals. It is 
submitted, whether it would not be expedient to confer the power 
of enforcing these laws on some of the established officers, at the 
public expense, and at the same time to prescribe the manner in 
which such power shall be executed. The difficulties which oc- 
cur in devising amendments to acts of this kind, without invading 
corporate rights, ought to serve as an admonition to great care and 
circumspection in framing future ones. How far it will be prudent 
to increase the number of these incorporations, before the advan- 
tages to be derived from them by the public, shall be more fully 
ascertained by a course of fair experiment, is a question worthy 
of your serious consideration. 

The establishment of common schools has at different times en- 
gaged the attention of the legislature ; but although its importance 
is generally acknowledged, a diversity of sentiment respecting the 
best means has hitherto prevented the accomplishment of the ob- 
ject. The diffusion of knowledge is so essential to the promotion 
of virtue and the presrevation of liberty, as to render arguments 
unnecessary to excite you to a perseverance in this laudable pursuit. 
Permit me only to observe, that education, by correcting the morals 
and improving the manners, tends to prevent those evils in society 
which are beyond the sphere of legislation. 

Gentlemen, 

I shall occasionally communicate, by message, such other mat- 
ters as may appear to deserve your notice, without detaining you 
my longer at this time, than to assure you of nij best eudeavors 



76 governors' speeches. 

to rander your session agreeable ; and that I shall always consider 
a cheerful co-operation with the legislature, in every measure cal- 
culated to promote the honor of the state and the happiness of our 
constituents, among the lirst of my duties. 

GEO. CLINTON. 

Alhany, January 25, 1003^. 



The Legislature met at the City of Albany, on the thirty-first dci'i of 
January, one tlioiisand eight hundred and four, and the foil o'^iiig 
Speech n^as made by the Governor, on ilie same day ; 

Gentlemen of the Senate and Assembly, 

It must be a source of puculiar satisfaction to you, as the re- 
presentatives of a free people, when assembled to deliberate on 
their political welfare, to find the stale in a prosperous and flou- 
rishing condition ; and our fellow-citizens tranquil and happy un- 
der the benign influence of mild and nholesome laws : and if we 
advert to the situation of our national concerns, it will afl'ord ad- 
ditional gratification to reflect, that by the blessing of Heaven on 
the wise and pacific procedure of a virtuous administration, the 
calamities of war have been averted, the rights of the union 
maintained, its commercial privileges extended, and its territories 
enlarged. It is not, however, my province on this occasion, to. 
expatiate on the immense value and importance of the advantages 
thus honorably acquired. 

But notwithstanding this pleasing aspect of our public afiii^irs, 
we have bad reason to lament a partial interruption of prosperi- 
ty, and the loss of many valuable members of the community, by 
the recurrence of malignant fever in one of our principal com- 
mercial cities. The evils attending this dreadful calamity, both, 
as they affect the lives of the citizens, and the commerce of the 
state, are so distressing, and of such magnitude, as to demand the 
serious and unremitted attention of the legislature. Whatever 
diversity of opinion may be entertained by professional men. 
with respect to the origin and nature of that disease, experience 
anrl observation seem to evince, that in order to prevent its intro- 
duction and spreading, regard mast be had, not only to the vessels 
X'^isiting our ports, but also to the local condition of our cities : 
for, as it is a fact too well ascertained to admit of a doubt, that 
crowded and filthy vessels, %vhether they derive infection from 
foreign countries, or generate it on their voyages, are capable of 
coinmHnicating itto certain places predisposed for its reception: 
so it is eq\^ally certain, that situations in the immediate vicinity of 
those places, although exposed to that infectionj are exempt from 



GEORGE CLINTON. 



77 



its influence ; and hence it would appear evident that there must 
exist some latent cause in the present condition of those cities 
which have lately been subject to pestilential fever, peculiarly 
favorable in its p*^ropagation. Under these impressions, it is sub- 
mitted to your wisdom, whether, besides revising and improving 
the present precautionary arrangements for preventing its intro- 
duction from abroad, some efhcient regulations ought not to be 
prescribed and enforced, for purifying the city of New-York, 
and restoring it to its former state of salubrity : for whilst it is 
our duty humbly to implore the interposition of the Almighty, to 
avert these afflicting dispeusationsit, is also highly incumbent on 
us to be in the diligent use of those subordinate means, which 
his merciful pvovidence may have ordained for our preservation. 
During the recess of the legislature, two vacancies have hap- 
pened in the senote of the United States, by the resignations of the 
senators from this state. One of these took place at an early pe- 
liod of the present session of congress ; in that instance, the pub- 
lic service required the exercise of the constitutional power vest- 
ed in me of making a temporary appointment : In the other, it be- 
ing of a recent date, my interference was deemed inexpedient. It 
is°nowyour duty to fill the vacancies, and to this end the necessary 
documents will be delivered to you. 

I have the satisfaction to lay before you a resolution of the 
congress of the United States, proposing an amendment to the 
constitution, respecting the election of president and vice-presi- 
dent ; and as one of a similar nature has been for two years suc- 
cessively recommended by the legislature of this state, I feel con- 
fident you wUl receive this communication with peculiar pleasure, 
and that so desirable and salutary an improvement will meet with 
your early sanction. 

The money appropriated at the last session to be expended un- 
der my direction for procuring arms and military stores, has been 
applied to that purpose on advantageous terms. The diflerent 
articles purchased are designated in the annual report oi the com- 
missary of military stores, with the prices annexed. Notwith- 
standing this valuable addition, and the several useful improve- 
ments recently made, you will nevertheless perceive the expe- 
diency of such further appropriations as the state of the treasury 
may without inconvenience admit, for augmenting our supplies, 
particularly of small arms ; and tor the erection of a magazine in 
ihe vicinity of the citv of New-York, and of two additional arse- 
nals, one in the middle, and the other in the western district. 
The public will be sufficiently accommodated if these are con- 
structed on a contracted plan, and it is presumed that the mode- 
rate sum requisite for this service may be replaced it it should 
be deemed expedient, by the sale of a portion of the surplus 
lands set apart for military purposes. 



18^ governors' speeches. 

As you must individually hare observed the laudable spirit of tlie 
militia in the different parts of the state, manifested by their atten- 
tion to duty and improvement ; and as no material defects have 
been discovered in the laws relative to them, it is unnecessary for 
me to make any other remarks than such as will be found in the 
Adjutant-General's return. It may be proper, however, to re- 
mind you, that an act, passed at the last session, of congress, pre- 
scribes regimental chaplains, and certain staff-officers, which are 
not comprehended in our present militia establishment, and thai 
legislative provision will be necessary to authorize their app<?int- 
meat. 

The Surveyor-General will present you with a detail of the 
proceedings, under the act directing the survey and sale of the un- 
appropriated lauds ; from >vliicli jou >\il! discover the progress, 
made in that business, and be able to determine how far the advan- 
tages contemplated by the mode prescribed for conducting these 
sales, have been realized, cind whether useful alterations may not 
be adopted. 

The annual report of the comptroHerwill furnish you with a 
correct statement of our linances, and with such useful observa- 
tions as experience has dictated for their improvement, it must 
be gratifying to observe, that besides meeting the liberal contri- 
butions which have been made tor the promotion of literature, and 
for establishments of public utility, our revenues have been com- 
petent to the support of our civil list, and for all the other public 
exigencies ; and there can be no reason to doubt that by a conti- 
nued attention to those principles of economy, which are most con- 
genial with the spirit of ouf excellent government, the extinguish- 
ment of all the demands against the state, arising from former anti- 
cipations, may be speedily accompHshed without the aid of taxes. 

Notwithstanding the great portion of time and labor which has for 
a series of years past been devoted to the investigation of the claims 
of individuals, principally for services during the revolutionary 
war, they do not appear to have diminished, and the public delibe- 
i-ations continue to be embarrassed with them at every new session. 
From the nature of these services and the length of time that has, 
elapsed, it is difficult either to substantiate just claims, or to guard 
against improper ones ; and to these causes may be ascribed the 
occasional admission of some, which had been repeatedly rejected 
at previous sessions : And as the success of one improper appli- 
cation furnishes a precedent for others, it is impossible to form a. 
rational conjecture of what may be their number aud extent. It 
therefore appears essential to the public interest, that means should 
be devised for effecting the final adjustment of these reiterated 
claims, within a given period of time, upon certain fixed princi- 
ples calculated to dispense equal justice : For besides the inefficacy 
of the present mode, and the heavy burthen it imposes on the !c 



GEOUGE CLINTON. ^d 

^islature, it has frequently happenetl from the pressure of private 
business, that the passage of important pubhc bills has been re- 
tarded till so near the close of the session as not to leave time for 
a deliberate and careful revision of them. I might mention other 
inconveniences resulting from the same cause, but as these do not 
come within the cognizance ef the executive, I forbear enumera- 
ting them. 

Although the management of our external relations is committed 
exclusiveTy to the general government, it is nevertheless the duty 
of the individual states, by every proper mean, to facilitate and give 
effect to the arrangements which may be devised for securing the 
Iranqaihty and happiness of the nation. The neutral position 
taken by the United States, amidst the wars of Europe, has eleva- 
ted cur character, and increased our national prosperity ; and as 
the citixens of this state have an extensive commercial intercourse 
with the coniiicting parties, and the unwarrantable acts of indi- 
viduals have frequently disturbed the repose of empires, it is pe- 
culiarly incumbent on us to cherish a spirit corresponding with our 
neutral situation, and to inculcate on our constituents the necessity 
of attending to the v^^ise admonitions of the executive of the union, 
^'to cultivate the friendship of the belligerent nations^ by every 
actof justice and innocent kindness." 

The detention of our citizens on board of vessels m our own 
ports by the subjects of other governments, will perhaps require 
some more energetic remedy to be put in the hands of the magis- 
tracy than exists at present : And it may be proper to mention, as 
connected with this subject, that as it is questionable whether the 
waters in this state, between Long and Staten-Islands, and south ot 
the bounds of New-York, are included in any county, some appro- 
priate provision will be necessary to obviate the evils arising from 
:fhis uncertainty of jurisdiction. 

Several matters which were under consideration at the last ses- 
sion and in which some progress was made, remain unfinished ; 
Of these the establishment of common schools, and the improve- 
ment of 'the navigation of Hudson's river in the vicinity of this 
ritv, are of the first importance. 

^ The competency of our laws for all the important purposes ol 
cood government, and the faithful administration of justice under 
Them must necessarily diminish the ordinary objects of legislation , 
and as I have nothing further of special moment to recommend to 
Your notice, you will commence this session with the pleasing pros- 
pect of being relieved from your public labors at an earlier period, 
than usual: And I entreat you to be assured of my best cndea- 
vorsto flicilitatethc dispatch of business, and to render your deiibe^ 
rations agreeable. 



80 governors' speeches. 

Gentlemex, 

If we review the present happy condition of our country, and 
reflect on the many distinguished blessings we enjoy, as well as on 
the numerous evils incident to other governments, from which we 
are exempted, there will be found abundant reason to rejoice, that 
we live in a republic thus highly favored of heaven, and under a 
social compact from which so many benefits result : And whilst 
these considerations should animate us with exalted sentiments of 
patriotism, and with a lively zeal to cherish the fundamental prin- 
ciples of our political institutions, they ought above all to inspire 
us with becoming gratitude to the great ruler of nations, on whose 
favor all our happiness depends. 

GEO. CLINTON. 

Jilbuny, Januanj 31, 1804. 



MORGAN LEWIS. 



The Legialature met at the City of Albany, on the sixth day of JVb- 
veinbei\ ons thousand eight hundred and four, for the purpose of 
choosing Electors of President and Vice-President. On the same 
day tlic Governor made this 

SPEECH: 

Gentlemen of the Senate and Assembly, 

You were adjourned to this early day to enable you to execute 
a trust important and interesting as any that can be reposed in the 
representatives of a free people. The period for which the pre- 
sident and vice-president of the United States were respectively 
chosen, will expire with the third of March next. It becomes 
your duty, therefore, in obedience to fhe constitution of the gene- 
ral government, the act of congress, and that of the legislature of 
this state relative thereto, to appoint, during the present meeting 
of the session now about to be opened, the legal number of persons 
duly quahfied to elect to them successors to those dignified stations. 
The selection lies exclusively with you ; and in making it, that 
you will seek for characters of approved integrity, void of pre- 
judice, firmly attached to the principles of our government, and 
the true interests of our common country, is not to be questioned. 

On an examination of the laws above alluded to, it will be found 
that no provision has been made for the contingency of an elec- 
tor's absence from the meeting enjoined. This is a defect, the 
propriety and manner of remedying which, I submit to your dis- 
cretion. 

It is with pleasure, gentlemen, I anraounce to you officially the 
ratification, by the competent number of states, of the amendment 
proposed during the last session of congress, to the first section of 
the second article of the constitution of the United States, so mo- 
delling the mode of voting for president and vice-president as ef- 
fectually to prevent a repetition of the unpleasant scene exhibited 
at the last election of those officers. 

During the recess certain concurrent resolutions of two houses 
of the legislature of the commonwealth of Massachusetts, having 
for their object an alteration of the third clause of the second sec- 
tion of the first article of the constitution of the United States, 
have been transmitted to me by the executive of that state. A 
proposition from such high authority merits the most respectful 
consideration, and (should the clause alluded to, be found, on ex- 
amination, incorrect in principle or inconvenient in practice) mil;, 

11 



82 governors' speeches. 

I trust, receive, gentlemen, your cordial support, provided no in^ 
surmountable barrier presents itself. How Jar this is the case at 
present, and will so continue till the year 1808, you will be ena- 
bled to determine by examining this clause in connection with the 
tburth of the ninth section of the same article, and the tilth article. 
The resolutions will be laid before 3'ou. 

The mission of General Armstrong, to the court of France has 
occasioned a vacancy in our representation in the Senate of the 
United States. Congress is now in session, and as there is reason 
to believe that interesting discussions will early take place in the 
national councils, I presume, gentlemen, you will consider the 
filling such vacancy as meriting a place among the tirst objects of 
your attention. 

A circumstance much to be regretted has taken place since the 
last adjournment. Some convicts in the State-Prison set tire to the 
building, and though the utmost exertions were employed to ex- 
tinguish the flames, they were not successful until one of its wings 
was nearly consumed. On a consultation of the inspectors with 
the judges of the supreme court," and the mayor and recorder of 
the city of New-York, it was an unanimous opinion that the public 
interest demanded the immediate repair of the damage sustained ; 
and as there was no fund from which the sums necessary to de- 
fray the expense could be drawn, it was recommended to the 
inspectors to raise them on their individual credit : this they have 
done, and the building has been repaired in the most economical 
and effectual manner, and rendered much securer against future 
similar disasters than it was in its original state. In addition to 
the repairs, they have found it necessary to erect, at a small 
expense, an additional workshop. The amount of disburse- 
ments for these objects is fourteen thousand f 'ur hundred and 
forty-two dollars fifty-one cents, for the reimbursement of which 
they now apply to the justice of the legislature. They further 
state, that the institution is embarrassed by debts contracted by 
their predecessors in office amounting to ^8,600 and 30 cents. Of 
this sum ^4,000 has been paid from their private purses, which 
they request may be refunded to them, and provision made for the 
discharge of the balance. An institution so honorable to the jus- 
tice and humanity of the government, will, it is confidently hoped, 
continue to enjoy the patronage of the legislature. 

A bill drawn at the instance of the inspectors proposing addi- 
tional penalties for the greater security of the prison, and of its 
internal government, will be piesented to the legislature. The 
infliction of capital punishment in certain cases will be found 
among its provisions. How far such an alteration in the criminal 
coiie may be deemed a departure from the principles on which the 
institution is founded, and how far it would be consonant to justice 
and legal policy, will require, gentlemen, your serious anddeliberate 
consideration. If it be an element of the political theory on which 
goveroment 13 erected, that it is vested with no rights but such m 



MORGAN LEWIS. 83 

are derivecl from the inriivifluals comy)osing the community, and it 
be admitted that individual?: have not the right to dispose of their 
own lives, it may he reasonably doubted whether the government 
can justify the infliction of capital punishment in any case not 
sanctioned by the Divine Mandate. Its policy also may be doubt- 
ed. The principal object of punishment is the prevention of 
crime. To him who is deprived of liberty for life, death can 
have but few terrors, and the efforts of despair are sehlom en- 
feebled by the apprelicnsion of consequences. While on this 
subject, gentlemen, permit me to suggest to you the propriety of 
a revision of your system of criminal jurisprudence : certainly 
great improvements have been made in it : it is, however, still far 
from being perfect, and is susceptible of further amendment. It 
is of the essence of every good system that there be a due appor- 
tionment of punishment to crime, estimating the latter by its de- 
gree of moral turpitude, and its consequences to society. Com- 
mencing with the lower order of felonies, we shall find an unwar- 
rantable difference in the degrees of punishment annexed to grand 
and petit larcenies, and yet a cent more or loss constitutes the es- 
sential diflerence between these offences. This is not the only 
objection. The administration of justice being committed to more 
than thirty judicatories, offences of the same grade are puni-hed 
more or less severely according to the dilTereiit ideas of differrnt 
magistrates : arising from the loo great latitude of discretion vested 
in the courts of justice. If the calendars of convictions and judg- 
ments are examined, the same offences, probabij' accompanied 
'.vith the same circumstances of atrocity, will be found punished 
by confinement at hard labor in the state-prison for periods, vmy- 
ing from one to ten years ; they may vary from one to fourteen 
years. While so vast a disproportion exists between the punish- 
ments annexed to these different species of larceny, where in the 
degrees of criminality not a shade of fiifTerence is to be perceived, 
simple and compound larcenies are subjected to the same punish- 
ment, though the latter generallj' evince greater depravity, and 
ever produce greater injury to society than the former Thus no 
distinction is made between forcibly entering a dwelling and com- 
mitting a larceny therein, where not done burglariously, and felo- 
niously taking the property of another when exposed in the high- 
way. 

Ascending from the lowest to one of the highest species of felo- 
ny, a similar defect presents itself In the crime of murder, 
there are various degrees of turpitude, but no discrimination of 
punishment. A deliberate and premeditated killing, with express 
malice, is certainly more criminal in the eye of religion and mo. 
rality, than where the malice arises by legal implication alone. 8a 
murder committed in the perpetration, or an attempt to perpetrate, 
any of the higher offences is certainly more ciminal than where it 
is the consequence of an intended trespass, or a mere want of due 
caution. These distinctions, I am persuaded, accord with public 



84 governors' speeches. 

sentiment, as must be evident to all those who have nitncssetl the 
embarrassment of jurors, when directed that the law imposes 
upon them to tind one guilty of murder, whom they verily be- 
lieve never intended to commit it. This is placing them in a deli- 
cate situation, and offering violence to tender consciences. 

The crimes of forgery and counterfeiting are also susceptible of 
a classification of their various species. A detailed plan of such 
an improvement would far exceed the proper limits of this address. 
I shall therefore reserve it for a future occasion. 

In the event of an interruption of tiie harmony which has subsis- 
ted between the United States, and the maritime powers of En- 
rope, we cannot but look with anxiety towards the defenceless 
state of our principal sea port. To afford it comi)lete protection 
against an invading force, would require an expense beyond the 
ordinary resources of the state, and is an object emphatically ap- 
pertaining to the general government. As far as it may be effect- 
ed by militia arrangements, it is certainly our duty to attempt it. 
I shall for this purpose, in the course of the session, submit to jour 
consideration a plan for organizing n brigade of artillerists, and 
corps ot Engineers, to be provided v/ith a competent park of liea- 
vy field artillery, howitz, mortars, and the necessary apparatus for 
the use of hot shot, which may afford protection against single ships, 
and even small squadrons. An estimate of the expense will also 
be submitted, 

I cannot conclude, gentlemen, without calling your attention tO' 
a subject which my worthy and highly respected predecessor in 
office, had much at heart, and frequently I believe presented to 
your view, the encouragement of Literature. In a government 
resting on public opinion, and deriving its chief support from the 
affections of a people, religion and morality cannot be too sedulous- 
ly inculcated. To them science is an handmaid ; ignorance the 
worst of enemies. Literary information should then be placed with- 
in the reach of every description of citizens, and poverty should 
not be permitted to obstruct the path to the fane of knowledge. 
Common schools under the guidance of respectable teachers 
should be established in every village, and the indigent be educa- 
tefl it the public expense. The higher seminaries also should re- 
cieve every patronage and support within the means of enlightened 
legislators. Learning would thus flourish, and vice be more ef- 
fectually restrained than by volumes of penal statutes. 

With grateful acknowledgements to a beneficient Cod for the 
large portion of national prosperity he continues to bless us with, 
permit me, gentlemen, to assure you of my ready co-operation in 
irery exertion you shall make to add to the mass of general hap- 
piness. 

MORGAN LEWIS 

Many, Nov. 6, 1804. 



MORGAN LE'VIS. 



85 



The izfo houses of the Legidahtre nf thif: State met m Tuesday the 
txvcntTj-etghth nf January, at the City Tlall of the city of Albany, 
Zi-hen his Excellency the Governor delivered the follorcing 

SPEECH : 

Gcr^Ti.EMEN OF THE Sekate and Assembly, 

SiN^cR last I lia<l the honor of addressing you within these wnlls. 
occurrences have arisen, involving the dearest interests of our 
country. Our exterior relations have assumed an aspect threat- 
ening to that tranquility, the basis of national prosperity, we have 
so long enjoyed. Principles unknown to the maritime law oJ 
nations have been adopted and enforced in the prize courts of 
j«ome of the belligerent powers of Europe, repressive of our 
commercial enterprise and destructive of a most important branch 
of our foreign trade. Violations of territorial rights, and breaches 
of national faith solemnly pledged, have swelled the catalogue 
of our wrongs. The issue of these dark forebodings is as yet 
hidden from us. Should the result be open hostility, it behoves 
ns to place ourselves in that state of preparation, which shall jire- 
serre our rights andprotect our honor. In the event of war, the 
possession of our sea ports would be a leading object of military 
atchicvment. The one which forms the depot of the surplus 
product of the agriculture and commerce of this state, is, oi al! 
others, the most unprotected. On this interesting subject, repre- 
sentations have been made b}' the corporation and merchants of 
the city of New-York to the general government. 1 have also 
written to the president of the United States. But, from the amoimt 
of the appropriation proposed to be made for the fortification of 
liarbours, by a recent report of a committee of the house of 
representatives, nothing very elTicient is (o be looked for from 
that quarter. It remains then, gentlemen, a question for your 
consideration whether in this slate of things, yon will not make an 
fflbrt towards the protection of the key of your state, and the seat 
of your wealth. The expense will certainl}' be great. It may, 
liowever, by judicious management be rendered so gradual as to 
be little ojspressive. Guided b}' the report before mentioned, 
we are led to the conclusion, that the f'deral administration con- 
template a defence of our harbours by pin-boats jnincipally. 
These may form an important item in a general plan ; but, in my 
conception, can only be effectual when acting in concert with land 
i)atteries. Should it be thought advisable to commit this subject, 
I will lay before the committee such information and plans as 1 am 
possessed of. Meanwhile I cannot omit calling to your recollec- 
tion, gentlemen, the act of the 28th of March, 1800; by which 
4he state stands pledged for the expenditure of a sum in fortifica- 
tions equal to that assumed by the United States in the debt of this 
. state. The amount of tha^ assumption was one million two hun- 



86 governors' speeches. 

dred thousand dollars ; of which the state subscribed one million 
one hundred and eighty thousand seven hundred and sixteen 
dollars sixty-nine cents — equal in specie, upon the principles of 
adjustment established by the net of congress of the 15th of Feb- 
ruary, 1799, to the sum of seven hundred and sixt3'-eight thousand 
three hundred and twenty dollars fourteen cents. In part satisfac- 
tion of this debt, the state has received a credit on the books of 
the treasury of the United States, for one hundred and thirty-six 
thousand five hundred and thirty-three dollars and eighty-two 
cents, expended previous to the passing of said last mentioned 
act, and is entitled to a further credit, for expenditures sub- 
sequent thereto, of one hundred and seven thousand seven 
hundred and nineteen dollars seventy cents (which I have direc- 
ted the comptroller to adjust with the secretary of the treasury of 
the United States) leav-ng a balance still to be expended by the 
state of fire hundred and twenty-four thousand and sixty-six dol- 
lars seventy cents, to entitle her to a discharge from all deniands 
on the part of the United States. 

Next in importance to the defence of our chief city, is the pre- 
servation of the health of its inhabitants. It has pleased the sov- 
ereign disposer of events, in the dispensations of his providence, 
to permit pestilence again to visit them through the course of the 
last autunon. The cause of this dreadful scourge being unascer- 
tained, it is difficult to say what measures should be resorted to, 
to prevent its repetition. On this subject the board of hfalth, 
whose zeal and exertions do honor to their humanity, and justly 
entitle them to the meed of public applause, can probably best 
advis?. Should it reqiire legislative aid, it doubtless will be 
afforded. And it is coniilently hoped that the burthen of averting 
a great national calamity, affecting the interests of a whole commu- 
nity, will not be permitted to rest solely on a meritorious portiors 
of it. 

During the last recess I have had an opportunity of reviewing 
and inspecting a considerable section of the militia, whose military 
improvement and soldiery deportment far exceeded my most san- 
gn.ine expectations. Such has been the progress of many regi- 
ments, that they are capable of performing several important evo- 
lutions, with a celerity and precision that would not disgrace regu- 
lar troops ; the greatest defect met with, particularly among the 
inbihitants of the new settlements, is the want of arms.. Many 
of our h-ardiestand most robust citizens are destitute of the means 
of pro-mrins: them. And where this is not the case, the country 
does not furnish a number sufhcient for all those whose pecuniary 
cir':u;n?tances would enabl(» them to purchase. Nor are the arms 
th'-y h ive. such as they should be. Numbersof them are in bad or- 
der, from the want ofskilful workmen to keep them in repair. Vari- 
ous, also, in sort and size, A circumstance which in time of actu- * 
al service would be productive of great embarrassment. A differ- 
ence of caliber alone, from a consequent variety required in the size 



Morgan lewis. 87 

of cartridges, caused inconveniences during!; our revolutionary war; 
too serious ever again to be hazarded, without incurring the impu- 
tation of criminal neglect. The only remedy for the evil which 
promises to be efl'ectual is, to arm the militia at the expense of the 
state. Many are the advantages which would result from the 
measure. All would become contributors towards the general de- 
fence. The arms might be of one stamp ; and nearly of the same 
quality ; and in case of invasion, we should not be destitute of au 
indispensable mean of self preservation. Should you, gentlemen, 
resolve on this measure, the preferable methods of procuring 
and pi-escrving them are to be considered. To import them from 
abroad, ia the present convulsed state of Europe, is probably im- 
practicable. And were it otherwise, there are in my opinion, ir- 
resistible inducements to give a preference to home manufacture. 
We shall insure an exemption from impositions which have been 
heretofore practised upon us. Possessing the crude materials 
within ourselves, we shall, under no circumstances, render an es- 
sential mean of defence precarious from hostile interruptions of 
our commerce. We shall give encouragement to our own arti- 
zans, and promote the home consumption of staple commodities, 
of which our rapidly progressing industry promises ere long to 
produce quantities which shall seek a foreign market in vain. In 
preference to contracts which are ever the fruitful source of con- 
troversy, 1 should recommend the establishment of a manufactory 
under the direction of proper officers of the government, upon 
such a scale as the resources of the state shall justify. With at- 
tention and economy, this mode promises to be least expensive and 
most effectual. Virginia, I am informed, has such an establish- 
ment, where live thousand stand of small arms arc annually pro- 
duced, at an average expense of not more than ten dollars per 
piece. When a sufficient number are provided, they may be dis- 
tributed among the different regiments, to be deposited in an ar- 
mory to be erected in some central position within the limits of 
each, under the charge of an armorer, provided and supported at 
the expense of the county. On field days they might be delivered 
for use, on the responsibility of the proper officers, to be returned 
as soon as the parade shall terminate. 

Another defect in our mihtary equipment is, the almost univer- 
sal want of experienced drummers. The drum is all-important 
in the day of battle. It must frequently be resorted to as the only 
mean of announcing to the troops intended movements, and may 
thus decide the fate of an army. 1 submit to you, gentlemen, 
whether measures ought not to be adopted, which shall insure a 
competent number of persons skilled in the martial exercise of 
that instrument. 

From the returns of the commissary of military stores, it appears 
that the whole park of brass field artillery belonging to the 
state, consists of but sixty-three pieces, the heaviest of which are 
six pounders. We have already, including the two regiments m 



88 GOVERN OR.s' oPlIiZCIIEb 

the city of New-York, lifty-three companies oi" artillerists, aiiti 
there ought to be at the least two pieces in a company. The two 
rec^iuientH in the city of New-Yoik, if ever called on to act against 
i.iiippina;, should be provided with pieces of a heavier description. 
That they may be accustomed to the use of them, the immediate 
purchase of two light brass twenty-fours, weighing about eighteen 
iiundred each, two medium twelves, and two eiglit inch howiizcrs, 
v.ouid be advisable. The probable cost will be about eight thou- 
sand dollars. A supply of ammunition it appear;:^ is much wanted, 

i'^orthe accomplishment of these various objects I conceive au 
appropriation of one hundred thousand dollars per annum, may be 
laaue with little, if any, inconvenience. On looking into the tiscal 
tiopartment, it will be found, that the ordinary revenue of the 
tjiate for some years tc come, will fall little short of three hundred 
thousand dollars per 3 ear ; that the ordinary expenses, on an ave- 
rage of four years past, do not exceed one hundred and sixty 
thousand, leaving au annual surplus of one hundred and forty thou- 
sand dollars. As a considex-able portion, however, of this income 
arises from debts of individuals, in the payment of which, there is 
iittle punctuality, the actual receipts at the treasury cannot be cal- 
culated to exceed a sum whicli would, leaving a suthciency for 
con'.ingeucies, warrant an appropriation from the surplus of ordi- 
nary revenue, of more than forty thousand dollars per annum. 
The deficiency of sixty thousand dollars, may be derived from the 
avails of a semi-annual state lottery, or such other sources as the 
wisdom of the government shall point out. 

iu the course of examination into this department of the gov- 
erument, 1 observe demands against individuals of very long stand- 
ing, vvhich ought in some way to be disposed of. 

The collection of debts due to the state, particularly on the sale 
of lands, in ordinary course of judicial proceeding, is dilatory to 
the one party, and expensive to the other. The propriety of de- 
vising a mode less exceptionable to be applied to all further con- 
tracts, merits consideration. 

Our statute book is aanually swelled to an useless size by the 
iuserlion of private acts, Those lor the incorporation of turn- 
pike companies occupy many |>ages. Frequent revisions of the 
laws might be avoided, and a considerable saving in the expense of 
legislation elfected, by excluding them, and by establishing gene- 
ral }>rinciples on vvhich all such companies shall in future be in- 
corporated. 

The propriety of auctioneers holding appointments under the 
government, I have long questioned. There may be substantial 
reasons for the practice, but I confess I cannot discover them. It 
certainly is liable to many objections. It is a source of patronage 
and favoritism unfriendly to the republican system. It deters in- 
dividuals, who engage in this line, from making those permanent 
establishments, calculated to beget that ability, punctuality, and 
consequent respectability, which will ever prove the surest pledge 



MOR«AN LEWIS. 89 

of a faithful discharc^e of the various trusts confided to them. I 
cannot but believe that the business would be conducted more to 
the advantage of the community, and the benefit of the treasury, 
to be laid open to every one who chose to engage in it, and could 
give the required security, than by continuing it in that precarious 
state, where the slightest variations in party, or superiority in in- 
trigue, may in a moment deprive a family of its bread. 

In the discharge of a highly important executive trust, I have 
been constrained to refer, gentlemen, to your consideration two 
cases of an unpleasant, though serious and interesting nature. 
They are cases of murder ; each attended with circumstances 
calculated to excite indignation. They will, notwithstanding, re- 
ceive, I trust, a candid and dispassionate examination. Stephen 
Arnold, was convicted at a court of oyer and terminer, held for 
the county of Otsego, before the chief-justice. No one more 
highly estimates the talents, learning, and judicial decisions of thi5 
gentleman, than I do. Few lawyers, if any, are more generally 
correct in their opinions. Yet in the hurry of the business of a 
circuit, where little time is afforded for reflection, that accuracy 
cannot be expected, which is usually the result of more deliberate 
inquir}'. This reflection strengthened a first impression, on read- 
ing the report, that the case was new, and involved questions of 
law meriting further investigation. The result of my examina- 
tion is, that no case, precisely similar to this in all its circumstan- 
ces, ever before received a judicial decision ; at least that none is re- 
ported. It must rest then upon general principles ; and although 
I do not venture to say, for it is not my province to decide a ques- 
tion of law,, that these principles have been misapplied, it i$ suffi- 
cient to justify my referring it to a higher tribunal, that there ap- 
peared to me suflicient cause for doubt. It certainly would have 
been the correct course to have referred the question to the benck 
of judges, but for this there was not suflicient time betv\een my 
receiving the official report of the trial, and the period assigned 
for the execution of the sentence, which was but fifty hours, and 
the place of execution one hundred and thirty miles distant fi-om 
me. Under these circumstances I took the only course prescribed 
to me by the constitution. The common law doctrine upon this 
subject is not questioned. Certainly where the death of a child 
or servant is the effect of the passive negligence of a parent or 
master, the offence may be murder. So also where it is the con- 
sequence of active severity in chastisement, it may be murder or 
manslaughter, accordmg to the indiscretion in the choice of the 
instrument used, the extent of the punishment, and the circum- 
stances under which it is administered. The report explicitly 
negatives all presumption of express malice. His right to correct 
the child cannot be contested ; the instruments used were not un- 
lawful ; the essential ingredient in the constitution of his offence 
arises then by implication of law, from the iadiscrefit exercise of 

]2 



90 governors' speeches. 

his rights, the result of a violent temper. Had the death of the 
child arisen from a course of immoderate correction, accompanied 
with intervals of calmness from subsidmg passion, it would have 
evinced that general depravity which warrants the inference of 
malice. But where the passions are excited, and kept in an unin- 
terrupted agitation, such is the benign tenderness of the law to 
human frailty, that a homicide committed in this state of mind, 
though a felony, is not murder but manslaughter. Which of these 
oilenccs the convict has been guilty of, is for you to decide. 
When you shall have this subject under consideration, permit me 
to direct your attention to the sixth enacting clause of the act en- 
titled " an act concerning murder." Its terms are " that upon all 
indictments lor the death of any person, if it be found b_y verdict 
that the party indicted happened to kill the person for whose death 
he is indicted, in lawfully chastising or correxting his child or ser- 
vant, the party so indicted, kc, shall not forfeit or lose any thing 
lor the death of the same person so killed, but shall thereof, and 
for the same, be fully acquitted and discharged. " This clause ha« 
never, to my knowledge, received a judicial construction. Should 
it be contended that it is applicable only to cases whei-e the correc- 
tion is lawful in all its particulars, it is useless, for such cases 
were not punishable at common law. May it not be intended as a 
protection against the eflforts of indisci^etion ? I presume not to give 
an opinion. It would be travelling out of the line of my duty. 

At the last session I recommended to the consideration of the 
legislature the propriety of an alteration in the criminal code, 
which should make a distinction between the cases of actual and 
implied murder. The subject was committed, and the attorney 
general, who was charged with it, approved the plan, and deter- 
mined to report by bill. His time being much occupied, 1 engaged to 
draw the bill for him ; but really I could not find leisure to com- 
ply with my engagement. I, therefore, consider the subject as 
still under legislative consideration, and this was an additional mo- 
tive for referring the case of Arnold to you. I must add also, as 
a further inducement, the application of a number of inhabitants 
of the county of Otsego, for a six weeks respite of this unfortu- 
nate man. It was too respectable not to claim attention, and 
could in no way be constitutionally complied with, but by sus- 
pending the execution till the meeting of the legislature. Some 
letters respecting his case will be laid before you, on which I shall 
only remarks, that Mr. Peck, I understand, was one of his judges, 
and Mr. Phinney foreman of the grand jury, who found the bill oa 
which he was convicted. 

I cannot dismiss this subject, gentlemen, without remarking th^ 
great impropriety of the discussion it has undergone, in some of 
the public prints. A discussion calculated to pollute the streams 
of justice, and to prevent an impartial decision, on a question in- 
volving the life of a citizen. Confident it has failed to produce on 



MORGAN LEWIS. 91 

your miads the effect intendefl, 1 am satisfied it will not have an in- 
fluence on the fate of the convict. 

The other case is that of David Williams, convicted in the coun' 
ty of Cayuga. The report and documents acompanying it, will be 
laid before you, and will furnish every necessary information. 
The single question is, as to the sanity of the man. 

Application was made to the legislature at their last session, by 
a gentleman in the city of New-York, for aid in the support of a 
Botanic garden, which he had recently established. At the re- 
quest of some of the members, I, in the course of the last sum- 
mer, paid it two visits, and am so satisfied with the plan and arrange- 
ments, that I cannot but believe, if not permitted to languish, it 
will be productive of great general utility. The objects of the 
proprietor are, a collection of the indigenous, and the introduction 
of exotic plants, shrubs, &c. and by an intercourse with similar 
establishments, which are arising in the eastern and southern states, 
to inure the useful and ornamental products of southern to northern 
and of northern to southern climes. In the article of grasses, I 
was pleased to see a collection of one hundred and fifty different 
kinds. A portion of groun<l is allotted to agricultural experiments, 
which cannot but be beneficial to an agricultural people. When 
it is considered that this branch of natural history, embraces all 
the individuals of the vegetables which afford subsistence to the 
animal world, compose a large portion of the medicines used in 
the practice of physic, and many of the ingredients essential to 
the useful arts, its utility and importance is not to be questioned. 
But in a country young as ours, the experimental sciences cannot 
be expected to arrive at any degree of excellence, without the 
patronage and bounty of government ; for individual fortune is not 
adequate to the task. 

Among the various objects to which I have thought it necessary 
to call your attention, none certainly claim a preference to thosei 
connected with the general defence ; they will probably, therefore, 
be first considered. That a spirit of harmony and union, gentle- 
men, which the circumstances of our country at no period have 
more loudly called for, may preside in your councils, and that 
every minor consideration may give place to an ardent desire to 
promote the public good, is the fervent wish of my heart, and 
shall be the constant object of my unremitted exertion. 

MORGAN LEWIS.. 

Albany, January 28, 1806. 



92 GOYERNORS' SPEECHES. 

77ie Legislature met at the city of Albany, pursuaiit to laiv, anS 
after the usual preliminary proceedings, the Oovernor opened tht 
sessio7i with the following 

SPEECH : 

Gentlemen of the Senate and Assembly, 

In looking back on the events of the past yeat, t^^e find abund= 
iint cause for gratitude and mutual fehcitation. Oar commercial 
cities, in the whole extent of the continent, have been exempted 
from the scourge of that malignant disease which has so frequent- 
ly depopulated them, and interrupted their commerce. Our 
country has progressed in wealth and strength with a rapidity uu- 
parralleled. Our exterior relations have assumed a brighter aspect, 
since the just and pacifiG disposition of our government has pLi- 
ced our differences with foreign powers in a train for amicable 
adjustment. Our public debt has been greatly diminished. Ou^r 
burthens are scarcely perceptible, and a general prosperity re- 
wards the various exertions of our citizens. Such a state of 
things evinces the blessing of heaven on a wise administration of 
our national concerns. 

In this general dispensation of benefits, our state has merited 
and received an unrivalled portion. In the course of a few years, 
she has out-striped her confederates, in those important sources 
of national greatness, agricultuie and commerce ; and is not behind 
the foremost of them in improvements in the useful and fine arts. 
The first of fhe assertions is supported by a comparison of ex- 
ports from the city of New- York, with those from the city of 
Philadelphia, during the short period of five or six years, which 
affords an unerring criterion, qnd establishes this important fact, 
that while each has experienced a rapid increase, the former 
which, at the commencement of the period, was far behind, has 
previous to its termination, overtaken and gone far ahead of the 
latter. To explain : in the year 1800, the exports from Philadel- 
phia stood in a ratio to those of New-York, of about seven to six ; 
at the close of 1805, those of New-York were to those of Phila- 
delphia as twelve to seven nearly. Whence, it is natural to en- 
quire, proceed these results ? Which are the more remarkable, 
as Philadelphia has preserved her superiority in population ; ha- 
ving considerably upwards of an hundred thousand inhabitants, 
while New-York has little more than seventy. The question is 
one which merits the examination of an enlightened people, and 
the solution of it, if I mistake not, will be found in our spirited 
exertions in the improvement of roads and navigable streams. 
These have facilitated an intercourse between our sea ports and 
interior country ; have taught the forests to bow beneath the labors 
of the husbandman ; have converted the wilderness iato fruitfa? 



MORGAN LEWIS> 93 

fields, and have made the desert places rejoice and blossom as the 
rose. Similar causes have produced similar eflects in Great- 
Britain, a country unequalled in agriculture, arts, manufactures 
and commerce. It is little more than fifty years since her atten- 
tion was earnestly turned to the facilities of internal intercourse ; 
from that period her exports have been progressing and have near- 
ly attained to an increase of four hundred per cent, while that of 
her population has not exceeded ten. A wise government will not 
fail to improve such advantages. 

In the discharge of those duties, gentlemen, imposed by the con- 
stitution on the executive, at the opening of every session of the 
legislature, I have little information to give you, and but few sub- 
jects to recommend to your deliberation, but such as have on for- 
mer occasions been submitted. The leading points of republican 
policy which, under our form of government, ever must have the 
strongest claims to national consideration, are the encouragement 
of agriculture and the useful arts, the diflfusion of knowledge by 
institutions for the promotion of education, the advancement of 
public justice, and the efficiency of the national force. To these 
objects we have at no time merited the reproach of being indiffer- 
ent. Great and honorable exertions have been made ; much how- 
ever, still remains to be done, which we have the ability to do. 

A society has been instituted by the legislature for the promo- 
tion of agriculture and useful arts. But it has ever been so 
streightened in its pecuniary means, as greatly to circumscribe its 
utility. Very moderate legislative assistance would enable it to 
institute a course of agricultural experiments which would be 
highly beneficial to the community. It might teach us the art of 
increasing the product of labor ; of improving the breeds of the 
useful domestic animals, and the quality of such crude materials 
as are used in our infant manufactures, and are derived fVom our 
own soils, and our own flocks. European nations are eminently 
indebted for their progress in these particulars to the liberal sup- 
port of similar institutions. 

The act of the 2d of April, 1805, entitled " an act to raise a fund 
for the encouragement of common schools," contains an authority 
to the comptroller to loan the interest annually arising from the 
fund thereby established, for the purpose of a cumulative increase 
of capital to a certain extent ; I submit to the legislature the pro- 
priety of a similar provision as to the dividends on the stock held 
by the state in the Merchants' bank, and the interest on the loans 
made under the 14th section of the supply-bill for the year 1803. 
The principal or capital, in these latter cases, having been appro- 
priated by the legislature to the same wise and benevolent pur- 
pose, as in the former. The inducement to this measure is, the 
iilow progress of the first mentioned fund, which, without aids, 
will not benefit the rising generation of the presefit day, whatever 
it may do for those which shall follow. 



94 

In inviting your attention to the subject of public justice, I 
cannot refrain from again urging the propriety of a revision of the 
criminal code, that the degrees of punishment may be more accu- 
rately proportioned to the comparative magnitude of offences. 
That the value of a cent should warrant the difference between 
three and fourteen years imprisonment in the case of larceny, or 
that he who alters a receipt for a few shillings, or knowingly passes 
a piece of false coin of the lowest denomination, which he has 
honestly received, should be punished as severely as he who coun- 
terfeits the currency of the country, and thereby impairs the con- 
fidence of the community in the general medium of commercial 
transactions, are certainly defects in the system of criminal juris- 
prudence which require a remedy. Instances of some of the lat- 
ter cases, I understand, actually exist at this moment. Let it not 
be said the executive has the power to mitigate the severity of 
punishment in such cases. The prerogative to pardon vested by 
the constitution, can be only exercised righteously under a dis? 
cretion strictly legal or in cases very peculiarly circumstanced, 
and cannot with propriety pronounce the sanction of the law 
unjust. 

Repeated applications hare been made to me by respectable 
citizens, on the subject of the act, entitled, " an act for establish- 
ing courts of justices of the peace in and for the city of New- 
York,'' which, notwithstanding the amendments made last winter, 
still continues to excite much uneasiness. The principal ground 
of complaint, is the expense and delay attending prosecutions in 
those courts. A delay of justice is, to the poor man, emphatically 
a denial of justice ; particularly in large and populous cities, 
where the loss of a day's labor, is frequently the loss of a day's 
subsistence to a worthy famih'. This class of citizens, therefore, 
ought never to be subjected to a fruitless attendance on courts,, 
nor to the hazard of expenses, which shall deter them from prose- 
cuting their rights. As fiir as the grievances complained of pro- 
ceed from defects in the organization, jurisprudence or administra- 
tion of these inferior tribunals, redress will be found, I trust, in 
the wisdom and policy of the legislature. 

I should consider myself, gentlemen, manifestly deficient in the 
discharge of my duty were I to relax my exertions to impress on 
your minds a conviction of the propriety of greater attention to 
the state of the national force than has yet been bestowed on it. 
If we are sincere in the belief that standing armies are hostile to 
liberty and economy, and mean to avoid the necessity of employ- 
ing them, by entrusting the national defence to the militia of the 
country, that militia should certainly be rendered as efficient as 
possible. It requires not argument to convince the reflective 
mind, that in the present improved state of military tactics, num- 
bers alone give* not national strength ; and that well appointed and 
well disciplined invading armies, when opposed by ill providef^ 



MORGAN LEWIS- 95 

irregulars only, spread desolation, inflict calamity, and achieve 
conquest with little dilliculty. Even the generous love of country 
and the public good, which republics ought to cherish, and which 
nerves the patriot's arm, when encountering the enemies of his 
native soil, is then but the sad mean of sweUingthe dire catalogue 
of human misery. This is not a picture of the imagination, it is 
drawn from real life, and I forewarn you in time, gentlemen, Ibat 
it may not be realized in our own country. I have been an eye wit- 
ness to the state of the militia ; I have personally inspected nesrly 
the whole, and I can with truth assert to you, that thny have not, 
as I verily believe, of such arms as a soldier ought to have, and as 
our law requires, a musket to ever}' tenth man, nor a bayonet to 
every twentieth ; many are destitute of arms of ever}' descri[»- 
tion, and appear on parade shouldering a staff in place of a fire- 
lock ; nor is the fault imputable to them ; arms they cannot ])rocnre, 
and it is the duty of the government to furnish them. I say the 
duty, because I am warranted in saying so, both by the intrinsic 
nature of the thing, and the constitution of our country. The 
fortieth article of the constitution ordains, that the militia of the 
state shall, at all times, as well in peace as in war be armed, dis- 
ciplined, and ready for service; and that a proper magazine of 
warlike stores, proportionate to the number of inhabitants, sha!! be 
for ever thereafter, at the expense of the state, and by acts of tliC 
legislature, establislied, maintained and continued in every county 
in tlie state. An injunction so solemn, cannot, consistent witli 
duty, be disregarded. Nor is the denciency in arms, greater tli:in 
that in colors and martial music ; many regiments are totally destitute 
of the former and very ill provided with the latter. So great is 
the deficiency in this last particular, that, with the exception of 
the city of New-York, there can scarcely be collected, through- 
out the state, a dozen drummers, capable of distinguishing a re- 
treat from a charge. If the legislature should entertain doubts 
as to the importance of having in the militia, musicians skilled in 
the various branches of military music, 1 would recommend to 
their perusal the act of congress of the 3d of March, 1803, for 
the organization of the raiiitia of the district of Columbia. They 
will find it there considered of sufticient magnitude, to justify the 
holding out considerable inducements to engagements in the ser- 
vice. I have found every where a laudable military ardor, an 
emulation to excel in military descipline and knowledge, which, 
if promptly encouraged, and imited with a just confidence in 
our own strength, may bid defiance to foreign aggression; to 
inspire that confidence is completely in the power of govern- 
ment. 

An exemplification of an act of the legislature of the state of 
New-Jersey will be laid before you, from which it will appear, 
that some controversy has arisen as to the limits of the territorial 
and jurisdictional rights of that state and this. An equitable and 



96 governors' speeches. 

amicable mode of adjustment, by a reference to commissioners is 
proposed, which I presume will be acceded to. 

To render your session, gentlemen, agreeable to yourselves, 
and beneficial to our country, nothing on my part shall be want" 
ing. 

MORGAN LEWIS. 

Albany, January 27, 1807-, 



DANIEL D. TOMPKINS. 



On the 26th day of Jamiary one tho-iisand eight hundred and eight, 
tlie Legislatu e convened in the City of Albany, and on the samt 
day, the Governor made the follorcing 

SPEECH : 

f-:iENTLEMF.N OF THE SeNATE AND AsSEMBLV, 

You are convened to deliberate and decide upon the important 
concerns of this state at a very interesting crisis of our public 
atTairs. The pacitic disposition invariably manifested and pursued 
by the wise and faithful administrators of the general government 
has hitherto succeeded in shielding us trom a participation in those 
caliimities and miseries with which Europe is scourged. It inspi- 
red sanguine hope that measures, dictated by a spirit so concilia- 
torya would be attended with continued exemption from foreign 
insult, depredation or war. But the late unprovoked and unpre- 
cedented attack upon the frigate Chesapeake by a British vessel ; 
the unwarrantable pretensions of Great Britain to arrest and bear 
away seamen from our ships upon the ocean, to intercept and 
destroy our lawful commerce with nations with whom she is at 
war, and the glaring infringements of the established principles 
of the law of nations, avowed and practised both by France and 
Great Britain, have seriously impaired the rights, wounded the 
honor and assailed the independence of our country. 

These events have diminished the hope of maintaining peace, 
notwithstanding the uniform observance of justice and good faith 
towards other nations, and have produced the necessity of resort- 
ing to energetic measures. The proceedings, adopted on the 
emergency by our national legislature, will be found, upon an 
unprejudiced consideration, not only impartial towards the con- 
tending nations of Europe, but also well calculated to protect our 
mariners and preserve the merchandize of our citizens, should 
an appeal to the sword become inevitable. In such an event, 
property of immense value will be secured in our country, which, 
but for the embargo, might have enriched the coffers of the very 
enemy with whom we may have to contend. The causes of mis- 
understanding and obstacles to amicable adjustment, arising from 
captures under blockading decrees and from impressment of sea- 
men, will also thereby cease to be multiplied. The well known 
facts, that the commercial enterprize of France and her allies has, 
from a variety of causes, become almost extinct, and that she 
materially depends for her necessary supplies of provisions and 

13 



98 governors' SPEECHEt^. 

other articles of foreign merchandize, an :1 for the transporfatiori 
of her colonial produce, upon the unrestrained commerce of 
American merchants, independently of the acknowledj:ed integri- 
ty and patriotism of our public agents, repel the absurd idea, that 
the recent measures originate from partiality to that country, or 
from any subserviency to her views. 

Every liberal and candid mind will ascribe the imposing an. 
embargo, to a sincere desire to avoid an interference in European 
broils, to protect our seamen and to secure the property of our 
citizens, in the event of an unpropitious termination of our nego- 
tiations with any of the belligerents. What patriotic citizen will 
murmur at the temporary privations and inconveniences resulting 
from this measure, when he rcllects upon the vast expenditure of 
national treasure, the sacrifice of the lives of oar countrymen^ 
the total and permanent suspension of commerce, the corruption 
of morals and the distress and misery consequent upon our being 
involved in the war between the nations of Europe ? The evils 
which threaten us call for a magnanimous confidence in the efforts 
of our national councils to avert them ; and for a firm and unani- 
mous determination to devote every thing that is dear to us, to 
maintain our rights and national honor. 

Being thus circumstanced, it becomas our duty to be assiduous 
in providing for the welfare and security of the persons and pro- 
perty of the citizens of this state. "J he appeal to the general 
government for an efficient and permanent fortification of the city 
of New-York, has not failed to excite their serious attention to 
that subject. The plan which has been undertaken, the degree 
ta which it has progressed, the operations contemplated to be 
pursued, and the measures to which your sanction is desired, wilS 
be communicated to you without delay. 

Although our anxiety is alive to the protection and safety of the 
city of New-York, and although our exertions to obtain complete 
securitv for that important capital should continue ardent and un- 
ceasing, we ought not, at the same time, to be unmindful of the 
exposed situation of our brethren upon the northern and western 
frontiers of our state. That enterprising portion of the commu- 
nity which has penetrated the wilderness and extended civiliza- 
tion and improvement to the very borders of our expanded terri- 
tory, looks to you for assistance and protection at this momentou* 
period. The hardships and difficulties to which they have snb- 
mitted, their dispersed situation, their remoteness from the depo- 
sits of military stores, and the markets at which they may be pur- 
chased, the scarcity of money incident to new settlements, their 
exposure to the sudden attacks and merciless cruelties of unre- 
lenting savages, and the unanimit}^ with which they have tendered 
their services at the call of their country, combine in giving force 
to their entreaties to be furnished with the means of self-defence. 

It affords me sincere satisfaction to inlormyou, gentlemen, that 
tbe detacbaient and organization of our quota of oae hundred 



DANIEL D. TOMPKINS. 99 

tiioiisand men has been accomplished, and a return thereof for the 
war department nearly completed. The patriotism displayed on 
this occasion, by every description of our fellow citizens, merits 
the greatest applause. All the artillery of the detachment, and 
most of the cavalry and infantry are volunteers ; and thousands 
bevond the complement required have tendered their services 
with promptitude and zeal. This generous conduct affords a pleas- 
ing evidence of the alacrity of our militia in advancing to the 
defence of their country, and of the valor which they will display 
in supporting its honor and freedom. 

The obstacles encountered by the militia officers in detaching 
and organizing this quota, suggest the propriety of some altera^ 
tions in the act, organizing the militia of this state. By the 3d. 
aud 5th sections of that act, it is provided, that the cavalry and 
artillery shall parade for annual inspection under the orders of 
the brigadier-generals of infantry. It does not require the 
inspectors of infantry to transmit copies of the returns to the 
cavalry and artillery officers. When therefore the latter are 
directed to detach any of their men, their ignorance of the num- 
ber and equipments of the several corps, precludes the possi- 
bility of an immediate compliance with the order. This defect 
m ly be remedied either by appointing brigade officers of artillery 
and cavalry, to inspect and make inspection returns of their bri- 
gade to the general officers thereof, or the additional duty ot fur- 
nishing them with copies of the returns, might be imposed on the 
brigade-inspectors of the infantry. Should a sudden emergency 
produce the necessity of calling for a quota of militia, in any one 
year after the parades of that jear had taken place, it may be 
questioned whether the men so detached could be compelled to 
assemble again in the same year, without compensation as for 
actual service, and it is therefore respectfully submitted, whether 
it would not be discreet to direct in such case, an additional pa- 
rade of the detached corps for the purpose of obtaining muster- 
rolls and inspection lists. The expensive equipments of the 
cavalry, and the propriety of affording them equal encouragement 
with other uniform troops, suggest the expediency of extending 
to them the privileges enjoyed by the artillery. 

The officers appointed by an act of the late session to cede to 
the United States the jurisdiction of certam parcels of land, have 
not met for that purpose ; as their power did not extend to those 
places of which jurisdiction has been requested, it became unne- 
cessary to convene them. The places to which this request re- 
lates, will be specified in a separate communication. 

The proceedings under the act of 1806, for procuring ordnance 
and ammunition, will also be speedily submitted. 

The sum of three thousand dollars, granted for the purpose of 
erecting a powder magazine near the city of New-York, has not 
been expended. The act contemplated a different scite from that 
on which the old magazine if situated, and the sum appropriated 



100 GOVERNORS SPEECHES 

proved inadequate to the purchase of another eligible tract and 
the erection of a building. 

I have deemed it a duty to exercise the discretion confided by 
the constitution to the chief magistrate, in respiting the execution 
of John Williams, lately convicted of murder, in the county of 
Greene. The evidence adduced upon his trial, accompanied by 
the opinion of the presiding judge, will be immediately commu- 
nicated for your consideration. The importance to the public, 
and to the individual, of every question, the decision of which 
involves the life of a fellow-creature, imposes the duty of afford- 
ing to this case, impartial inquiry and solemn deliberation. 

The persons authorized by an act of the last session, to confer 
and agree with those appointed by the legislature of New-Jersey, 
respecting cert.iin claims of jurisdiction and territory, have 
adjourned without adjusting and without a prospect of settling the 
controversy arising upon those claims. The measures, subse- 
quently adopted by the legislature of that state,- require your early 
attention. While it is our duty to cultivate and preserve amity 
with every member of the Union, it behoves us to guard with 
circumspection, and support with firmness, the rights of this state. 

In every well regulated community, there are no institutions 
of higher concern than those which relate to the administration of 
civil and criminal justice. Our property, our liberiy, and our 
lives depend on the adjudications of our courts. Hence it is 
highly interesting to all, that those who preside in them should 
be men of competent abilities and unsuspected probity. To call 
forth adequate talents and character to fill the seats of justice, 
such salaries should be given, as will enable the judges to support 
themselves and iamilies, and in some degree provide for that 
retirement contemplated by our constitution. In addition to the 
permanent salary, an act, which has recently expired, allowed to 
the judge of the supreme court, holding the circuit or sittings in 
New-York, an extra compensation. By that act also, the judges 
residingin the city of New York, were authorized to receive fees 
for chamber business. Whether a mode of compensating the 
judges for the extraordinary services required by the immense 
increase of business in the city of New-York, less partial in its 
operations cannot be devised, is submitted to your wisdom. I 
think it my duty to observe to you, that the multiplication of suits, 
from the increase of population and the organization of many 
new counties, will require the judges to be absent from home, at a 
great expense, for much longer periods than formerly ; and that 
considerations of justice seem to me to require a provision equal, 
at least, to that of which they are deprived by the expiration of 
the before mentioned act. 

The improvement of agriculture, manufactures and commerce 
will, at all times, and under all circumstances, attract the attention, 
and command the exertions of a just and wise government ; but 
in our present situation, external commerce being almost entirely 



DANIEL D. TOMPKINS. 101 

cut off, and when it is not improbable that an appeal to arms will 
soon be made, it is peculiarly important to adopt all measures in 
onr power, in order to increase the means of supplying ourselves, 
and to encourage those arts which contribute to the support and 
comfort of human life ; to facilitate interior communication, and 
to invigorate the enterprising spirit of our country. Nor will 
the great and important duty of disseminating useful knowledge, 
and at any time, or in any crisis, escape tiie attention and enconr- 
agement of a liberal, enlightened and patriotic legislature. 

Permit me, gentlemen, through you, to communicate to the 
electors of this state, my grateful acknowledgments for the confi- 
dence (hey bave been pleased to repose in me. While my sensi- 
bihty is awakened by the distinguished honor they have conferred, 
I can honestly assure them, that my conduct shall always be 
directed by a zeal to advance their welfare. 

May that wise and benign providence which has dispensed its 
richest favors to our country, endow us with wisdom to discern, 
and virtue to pursue, the best means oi' perpetuating the bles- 
9:iugs we enjoy. 

DANIEL D. TOMPKINS. 

Albany, 2Glh January, 1808. 



On the first day of Kovemher one thousand eight hundred and eight 
the Legislature assembled for the purpose of choosing electors of 
President and Vice-President ; zehe.n the Governor made the 
following 

SPEECH: 

Gentlemen of the Senate and Assembly, 

At the commencement of the last session I had the honor of ex- 
pressing to the legislature my opinion respecting the measures 
adopted by the national councils, to prevent our being involved in 
the desolating wars of Europe. Nothing has since occurred to 
produce a change of that opinion or to impair my confidence in 
their exertions and zeal to avert, as far as is consistent with the wel- 
fare and independence of our country, the calamities of war. I 
am however, compelled with regret to inform you, that I am not 
apprised of any material alteration in the state of ourforeign relations 
since that period. The embarrassments to commerce and agricul- 
ture, incident to the existence of the embargo, are still experienced, 
and should they continue, they must be ascribed to the perseverance 
of the belligerents in their illegal and unjust aggressions upon the 
ecmmerce of the United States. This consideration affords addi- 



102 OOVEIINORS' SPEECHES. 

tional motives, for enduring with patience the privations resulting 
from the counteracting measures of our own rulers, and for yield- 
ing a warm, unanimous and decided support to their prudent and 
incessant efforts to maintain, without an appeal to arms, the honor 
of our country, and the rights and tranquility of its citizens. 
Should our hopes of an amicable accommodation of existing differ- 
ences be frustrated by an obstinate adherence of the belligerents to 
their unprincipled and arbitrary restraints upon neutral commerce, 
and a resort to the sword become inevitable, we can meet the event 
with a consciousness of the rectitude of our cause ; with a lirjji de- 
pendence on the patriotism and bravery of freemen, and with a 
humble reliance on Uie protection of that providence who has hith- 
erto favored us. 

The period for which the President and Vice-President of the 
United States were elected, expires on the fourth day of March 
next. The appointment of electors to represent this state in the 
choice of successors to those distinguished personages, is the prin- 
cipal business for which you are now convened. 1 however avail 
myself of this occasion to submit to your consideration some topics 
not immediately connected with this prominent duty. 

It has not probably escaped 3'our observation, that on the eighth 
'lay of March last, a law was passed inflicting death for a crime, 
which antecedently subjected the ofl'endcr to imprisonment in the 
state prison for life, and authorising whipping for petit larceny, 
it has been justly observed that punishments, mild, s|)eedy and cer- 
tain, are the means best calculated to answer the end of criminal 
jurisprudence, that they ought always to be proportioned to the 
crime, and that the reformation as well as the punishment of the 
offender, ought to be constantly and steadily kept in view. The 
spirit .'f freedom, the dictates of humanity, and the principles of 
Christianity, require that the awful penalty of death should be in- 
flicted as seldom as possible. The scene of distress and agony ex- 
hibited at an execution, naturally excites an aversion to the laws 
which sanction such severity. Punishments will also be more cer- 
tain, when moderate and rational. Because, those who are best able 
to prove the guilt, or who may be most materially affected by the 
crime, will then feel no reluctance, nay, will cheerfully perform 
the duty of detecting and exposing every offender. The jury wil! 
be less anxious to seize upon specious doubts to justify an acquittal 
and but a feeble hope of escaping the sentence of the law, by tech- 
nical objections to matters of form, or by executive clemencjs will 
be entertained. Besides, by substituting imprisonment at hard la- 
bor, society is relieved from the painful responsibility of sending 
one of its members suddenly and perhaps unprepared to the tri- 
bunal of his God. The fruits of his labor enure to the benefit of 
community or his family ; the regimen of the prison precludes 
gambling, idleness and debauchery, the usual preludes to greater 
enormities ; and that discipline united with the religious exercises 
of the iastitutioD, afford to the charitable and philanthropic mind 



DANIEL D. TOMPKINS. 103 

at least a glimmering hope of ultimate repentrtncc and reformation. 
Impressed with a decided opinion that the deprivation of life is sel- 
dom necessary, and that it is incompatible with the genius of a free 
government, and the state of civilization and refinement of which 
%ve b')ast, I am constrained by a sense of duty to suggest the abso- 
lute necessity of forbearing to extend that punishment to other 
crimes than those of treason and murder. With respect to whip- 
ping, for petit larceny, I would remark, that there are various rea- 
sons which might be assigned in favor of continement at hard labor 
in preference to corporal pains. By the former, the offender is de- 
prived, for a period, at least, of an opportunity of repeating his 
crime, whilst in the latter case, he is forthwith discharged to renew 
his depredations. A term of temperance, labor, and privation af- 
fords a hope of amendment. While on the other hand, reason and 
experience abundantly testify that no such reformation can be 
wrought by the agonies of a lacerated body ; for the publicity and 
ignominy of tiie punishment stifle every remnant of pride and am- 
bition, and destroy the prospect of ever regaining a character. I 
might also add, that the frequent exhibition of cruel and sanguina- 
ry punishments wounds the sensibility of the humane, and corrupts 
the disposition, and depraves the morals of a great proportion of 
the spectators. With deference, therefore, I submit to your wis- 
dom the propriety of totally exploding corporal chastisement from 
our criminal system. 

There is much reason to believe that the prevalance of crime 
of a deeper dye, are too often the result of impunity for offences 
of an inferior grade. Although the legislature have, by a varieti" 
of statutes, enacted numerous regulations to prevent practices of 
an immoral and dangerous tendency, and which are generally the 
commencement of a career of more iniquitous and criminal con- 
tluct, and although the provisions of those statutes are daily and 
notoriously violated, yet the instances in which they are enforced, 
are astonishingly rare. The security with which one law is pub- 
licly infringed, not only create? an expectation of similar impunity 
for the violation of others, but also produces a contempt of the 
laws generally. Your wisdom will determine whether some more 
suitable measures ought not to be devised to ensure their obser- 
vance. 

The execution of the sentence of Rufus Hill, convicted of mur- 
der at the last court of oyer and terminer, in Chenango county, has 
been suspended. A statement of his case will be submitted to you 
without delay. 

Most of the arms, ammunition, and military stores, destined for 
the Northern and Western frontiers, have been delivered at theii 
respective places of deposit. Those for the counties of Clinton 
and Essex are on their way, and those to be deposited in Jefferson 
county are at Utica, and will be speedily transported to Champion. 

Under the act, authorising me to select and receive a title for one 
of the lots of ground offered by the corporation of New York for 
the erection of a State Arsenal, I have been enabled by the liberali- 



104 eOVEUNORs' SPEECHES. 

ty of that respectable body, to obtain two of those lots, and a con- 
veyance of them to the people of this state has been executed and 
delivered. The building has been finished, and the account of dis- 
bursements will be exhibited to you during the present session. 

The proceedings which have taken place relative to the acqui- 
sition of the title of Ellis's or Oyster Island for fortifications, antl 
of Watch Point for a Light-House, and also under the act for pro- 
curing an additional supply of ordnance, small arms and ammuni- 
tion, will be particularly detailed in a future communication. 

The powder magazine and a dwelling house for the superinten- 
dent, will be completed in a few days. The quantity and situation 
of the land obtained for this purpose, with an account of the mo- 
ney drawn and expended, will be the subject of a special message. 

It affords me pleasure to inform you that the fortifications erect- 
ing under the authority of the United States for the defence of the 
city of New-York, have been prosecuted with activity and zeal. 
A variety of circumstances, have retarded the commencement of 
the expenditure of one hundred thousand dollars appropriated for 
that object by the legislature of this state. To accomplish their 
views by devising and commencing works upon which the greatest 
number of distressed persons might be employed, and which might 
be in concert with the defensive operations of the general govern- 
ment, and at the same time to apply the sum granted in the most 
economical and beneficial manner, was a task replete with anxiety, 
responsibility and embarrassment. I have the satisfaction to inform 
you, that with the intelligence and generous assistance of Colonel 
Williams, chief engineer of the United States, whose services merit 
the highest encomium, those difficulties have finally been surmount- 
ed, and I flatter myself the place which has been decided upon, and 
the plan of the works to be erected, will meet your approbation. 

It is our lot, gentlemen, to live in a portentious period. The old 
world is shaken to its centre by the mad ambition of its potentates : 
and Europe exhibits an affecting spectacle of blood and warfare 
It has been the alternate policy of two of the belligerents to eu 
tangle us in their quarrels ; hitherto we have escaped, but it re 
quires almost super-human wisdom in our rulers to preserve our 
sovereignty and independence and to avoid being engaged in their 
wars. Thus situated, it is our solemn duty to second tne efforts of 
those to whom we have entrusted the highly responsible rights oi 
peace and war. It is our duty to strengthen the hands of govern- 
ment by imparting a liberal confidence when our dearest rights are 
not only in jeopardy but actually invaded, and to prove to the worl(i 
that we are not a divided people, but that we are in truth Americans. 

With an ardent wish that harmony may prevail in your delibe- 
rations, and that your proceedings may promote the welfare of our 
constituents, I tender you an assurance of my readiness to co-op 
arate in your labors to promote the common benefit. 

DANIEL D, TOMPKINS. 

Albauy, JVoveinber 1. 180S. 



DANIEL D. TOMPKINS. 105 

On the thirtieth day of January, one thousand eight hundred and 
ten, the Legislature met at the City of Albany, rvhen the Govemo'i' 
delivered the following 

SPEECH : 

Gentlemkn of the Senate and of the Assembly^ 

You are assembled for the purpose of deliberating and deciding 
on the important concerns of this state, which, by the constitution^ 
tre devolved upon you as the immediate representatives of the 
people. The magnitude of that duty is enhanced at the prtsent 
juncture by the convulsed stale of the civilized world, and by 
the great political events constantly occurring. 

The nations of Europe have persevered, during the past year, in 
their sanguinary struggle, with increased animosity. Whole dis- 
tricts of country have been desolated ; kingdoms subjugated, 
and hosts of innocent subjects sacrificed. These occurrences pre- 
sent a mournful picture of the rapacity and ambition of prmces, 
whilst they afford a monitory lesson to the American people. 

The situation of the United States has been, in the mean timep 
comparatively happy and enviable ; for it hath pleased the Great 
Disposer of events to ordain peace in our borders, and to crown 
our year with goodness. 

The prosperity of the nation, however, has not been uninter- 
rupted. Connected as the United States are, by commercial 
intercourse, with other nations, we could not avoid feeling the 
shock of the contending powers. At an early period it was fear- 
ed, that our commerce would experience material impediments 
from a widely-extended foreign war ; and more especially, as one 
of the great belligerents controlled the destinies of the European 
continent, and the other possessed the means of domineering upon 
the ocean. But their professions of respect for the fights of oth- 
ers, and their avowed homage to the authority of thelaw of nations, 
forbade us to anticipate those gigantic strides which have overleap- 
ed the settled principles of public law, which coi/stituted the bar- 
riers between the caprice, the avarice ot the tyranny of a belli- 
gerent, and the rights and independence^ of a neutral. It would 
be painful to dwell upon every aggr'^asiai, injustice, violence and 
insult, which we hnve witnessed ^nd experienced for several year* 
past. The interdiction of nc*iteral coiijmerce from a part or the 
whole of the territories of one belligerent by a declaration of 
blockade by the other, without aftual investment by force, and 
without a capacity therefor ; the imposition of a tax or transit duty 
on neutral commerce in the ports of one power to legalize its 
transmission to the adverse power ; the violent arrest, from our 
public and private vessels, of seamen, almost without regard to 
the place of their nativity ; the liability of neutral property to 
seizure and condemaatioo by one party in consecjueace of search 

14 



106 governors' speeches. 

by the other of the ships transporting it, and the total prohibition 
of neutral commerce with one belligerent by the other, without 
blockade of any description, are amongst the prominent usurpa- 
tions which have sacrificed much of our property, enslaved many 
of our citizens, insulted our sovereignly, and almost proscribed 
neutral commerce from the ocean. Some neutral vessels have 
been seized, robbed, destroyed or condemned upon frivolous and 
provoking pretexts, not even justified by the arbitrary and ruinous 
restrictions above mentioned ; and one of our public armed ships 
has been insultingly attacked, several of her crew killed, and oth- 
ers taken forcibly away ; an act acknowledged by the nation, 
whose officer committed it, to be wholly unwarrantable, but which 
still remains unatoned. 

The constant evidences of a desire on our part to maintain a 
strict and impartial neutrality ; the earnest and able appeals for 
redress by our rulers to the honor and justice of the belligerents, 
and our continual remonstrances against their incessant and unpro- 
voked encroachments upon neutral commerce, have all been disre- 
garded or evaded. No revocation or material relaxation of the 
offensive decrees of France has been obtained. With Great Bri- 
tain an arrangement was effected in April last, which, at the same 
time it evinced the impartial and pacific intentions of our adminis- 
tration, and a returning sense of good faith and upright conduct in 
the cabinet of St. James, diffused a lively satisfaction through the 
nation, and presaged a speedy restoration of good understanding 
and harmony between the two countries. But our hopes were 
blasted, and the wise and patriotic intentions of our rulers, baffled 
by an unexpected disavowal of the agreement and an unqtialified 
refusal to fulfil its stipulations on the part of England. Since the 
recal of the minister who negociated the arrangement, nothing has 
occurred to brighten the prospect of an honorable adjustment of 
our differenoes. On the contrary, instead of evincing an amicable 
disposition by substituting other acceptable terras of accommoda- 
tion in lieu of the disavowed arrangement, the new minister has 
persisted in impeaching the veracity of our administration which a 
sense of respect for themselves, and for the dignity of the nation 
they represent, forbcde them to brook. They adopted towards 
him on that occasion, the unost moderate and least irritating course 
of treatment ; a course demanded by his deportment, and meriting 
the approbation and support of t-xrery American, who feels anx- 
ious to preserve the honor and indepeudence of his country. 

The momentous duty cf d^ding upon the attitude which the 
United States shall assume m the present emergency, is delegated 
to intelligent and virtuous agents. In their wisdom we may safely 
confide ; and it becomes us to place ^ firm reliance on their patri- 
otic exertions to devise such measurfes as may be best calculated 
to promote peace and prosperity, or to provide for the security of 
our common country in the event of war For all the efforts of 
human wisdom directed by the purest virtue ia our rulers may 



DANIEL D. TOMPKINS. 107 

prove unavailing without that union, confidence and support which 
the genius ot' our government, the spirit of patriotism and the 
dictates cC reason, nature and Christianity impose upon the mem- 
bers of the community. If the members and the head be united 
and act in concert, 00 foreign power can endanger the life or safety 
of the political body. 

With respect to the internal affairs of this state, it affords me 
great satisfaction to inform you that more than usual proficiency 
has been made in improving and extending agriculture and manu- 
factures. The liberal patronage which the legislature has 
been pleased to extend to domestic manufactures, by loans and 
bounties, has been attended with the most salutary effect. The 
enlightened policy of a few individuals has also mtroduced a breed 
of sheep which essentially promotes the fabrication of cloths of a 
superior quality. 

It rests with the legislature to decide, whether, by further en- 
couragements, an additional stimulous may not be created, which 
will enable our citizens to convince foreign nations that we are not 
dependent on them for manufactures. 

The measures which have been pursued under the various laws, 
providing for defence, will be particularly detailed to you in a se», 
parate message. In the mean time I would remark that about for- 
ty-five thousand dollars of the fund appropriated for fortifying the 
city of New- York, remains unexpended. A very effective water 
battery of durable mason work, called Fort Richmond, has been 
completed during the season, on the west side of the Narrows, and 
is ready to receive twentv -seven cannon. This battery is capable 
of sustaining, with inconsiderable additional expense, a second tier 
of guns. Two other batteries, each extending on the easterly and 
southerly sides of the point of Staten-Island, have also been form- 
ed, and are in readiness to receive platforms and guns. The line 
of the lower battery is six hundred and seventy feet, and that of 
the upper four hundred and eighty feet, affording together ample 
space for eighty guns. 

Another battery capable of mounting twelve guns, has been ex- 
cavated from the hill at an intermediate distance between the last 
mentioned batteries and the fort described in a communication to 
the legislature at their last session. A well of one hundred and 
forty-five feet in depth, has been sunk within the comtemplated 
lines of the main work, and a wharf constructed near Fort Rich- 
mond for the accommodation of vessels drawing ten feet of water. 
The whole has been managed gratuitously by five commissioners, 
to whom, and to the colonel of engineers, the state is principally 
indebted for the celerity, ability and economy with which that ser- 
vice has been performed. Their report, accompanied with plans 
of the several batteries, will be submitted to you in a few days by 
a separate message, and will furnish all the information requisite 
to enable the legislature to give such further directions on that 
subject as may be deemed useful and proper. 



100 governors' speeches. 

An official statement of the colonel of engineers will, at the 
same time, be laid before you, describing the present state of the 
interior defence of the harbor of New- York, so far as relates to the 
fortifications erectingby the United States. One hundred and sixty- 
six guns may now be mounted on those works, and they are cvilcu- 
lated, when completed, to receive three hundred and four guns and 
ten mortars. The progress which has been made m the purchase 
of ordnance, small arms and ammunition, and the measures taken 
pursuant to the act to provide for the defence of the frontiers, will 
form the subject of a special message. 

Ten years will have expired at the next regular session of the 
legislature, since the laws of the state have been revised ; some 
of them have become obsolete, others have expired, and experi- 
ence has shewn, that many of those in force are susceptible of 
amendment. The report of the decisions of the supreme court, 
will afford better materials for revisal than were formerly to be 
obtained ; and moreover the statute books have become too vo- 
luminous and expensive to be purchased by many citizens and offi- 
cers who ought to possess them. It is, therefore, respectfully 
submitted to your wisdom whether preparatory arrangements for 
that purpose, at the present session, would not conduce to the 
benefit of the community. 

I cannot omit this occasion of inviting your attention to the 
means of instruction for the rising generation. To enable them 
to perceive and duly to estimate their rights ; to inculcate correct 
principles and habits of morality and religion, and thus to render 
them useful citizens, a competent provision for their education is 
all essential. The fund appropriated for common schools already 
produces an income of about twenty-six thousand dollars, annually, 
and is da.ily becoming more productive. It rests with the legis- 
lature to determine whether the resources of this state will justify 
a further augmentation of that appropriation as well as to adopt 
such plan for its application and distribution as shall appear best 
calculated to promote the important object fqr which it was origin^ 
ally designed. 

Gentlemen, 

At a period of uncommon agitation and embarrassment, it ii 
among the important duties required of us to soar above local and 
partial views ; to cherish and inculcate a disinterested national 
spirit ; and to secure, by every possible means, the blessings of 
liberty to ourselves and our posterity ; and it only remains with 
me to assure you, that I shall in all things heartily co-operate with 
the different branches of government, in the necessary measures 
to promote the general welfare. 

DANIEL D. TOMPKINS. 

Albany, January 30, 1810c 



DANIEL D. TOMPKINS. 109 

On the treenty'tiinth day of January, one ihovsond eight hundred and 
eleven, the Governor met the two houses of the Legislature in the 
Assembly Chamber, and made this 

SPEECH : 

Gentlemen of the Senate and of the Assembly, 

In addi-pssin^ you for the first time, since my re-election to the 
executive department, permit me to express my gratitude for the 
recent proof of confidence which has been manifested towards me, 
and to renew the assurance, that my best efforts shall be devoted 
b a faithful discharge of the important trust. 

It would have afforded me sincere gratification to have been en- 
abled to announce to you, on this occasion, such a favorable chang'', 
in (lur foreign relations, as the justice of our claims and the im- 
partial and pacific attitude we have uniformly maintained, autho- 
rised us to anticipate. 

Pursuant to the powers vested by law in the president of Uie 
United States, he has notified, by proclamation, the revocation of 
the French decrees violating our neutral commerce. This au- 
spicious and important event, has not, however, been accompanied 
by the restoration of the American property which had been pre- 
viously seized and confiscated in the ports of France, and in those 
tinder her control. 

The British orders in council, which had for their basis the ob- 
noxions decrees of Berlin and Milan, and which purported to be 
merely retaliatory, have not yet been annulled, notwithstanding the 
solemn official assurance that they would be abandoned whenever 
France retracted her decrees. Instead of giving us a friendly inti- 
mation that this assurance would be executed with good faith, the 
British Secretary, in his correspondence of August last, withom- 
minister, has superadded the additional preliminary of the restora- 
tion of neutral commerce to the condition in which it stood at tlic 
promulgation of the French decrees. The interposition of this 
vague and impracticable condition, and the unsatisfactory import of 
the correspondence of that government generally, preclude th*^ 
hope of our obtaining a relinquishment of the British orders upon 
any acceptable or honorable terms. We have also little reason Ic 
expect any adequate atonement for the insults and injuries received 
from that quarter. The correspondence which has taken place 
during the last year with both governments, has been laid before. 
the public, and amply refutes the illiberal imputation of partiality 
in the administration towards either of the belligerents. We havr. 
always had the best reasons for reposing the utmost confidence in 
the wisdom and virtue of our national administration : and I cannot 
hesitate to believe that every Atnerican, who has not transferred 
his affections to a foreign government, will feel the same patriotic 
septinjient, after a candid and impartial examination of that corre*^ 



110 governor's speeches. 

pondence ; and when he reflects that the departure of both belli- 
gerents from all the maxims of national law has been so palpa- 
ble and uniform, that they themselves have ceased to attempt a jus- 
tification by those maxims, but resort to trite and falacious subter- 
fuges to extenuate their atrocities, he will not find it possible to re- 
concile himself to a justification of their accumulated insults and 
injuries ; nor will his judgment, his feelings or his duty permit him 
to clamour against the measures, or to violate the laws of his own 
government. What course will be deemed by our national rulers 
the most expedient for the present emergency I shall not venture 
to predict ; but whether the prohibition of intercourse, or mea- 
sures of a more energetic complexion be adopted, I trust every 
good citizen will reflect that patriotism, morality, and the pre- 
cepts of religion enjoin on him obedience and support. 

The precarious situation of foreign commerce, and a retrospec- 
tive view of the multiplied violations of our sovereignty and neu- 
tral rights, render the astonishing progress which has been made in 
the improvement and extension of domestic manufactures, a source 
of lively satisfaction. A beneficent providence has endowed our 
country with an abundant supply of raw materials of every des- 
cription, and our citizens are eminently distinguished for perseve- 
ring industry and for great ingenuity in all mechanical arts. The 
returns of the census recently taken prove not only the unexam- 
pled increase of population in the United States, but furnish also 
evidence of the flourishing condition of our manufactures. Let 
us extend to them the utmost encouragement and protection which 
our finances will admit, and we shall soon convince the bellige- 
rents of Europe, to whom we have been extensive and profitable 
customers, that their mad and unjust policy towards us, will ulti- 
mately recoil upon themselves, by giving to our industry, our re- 
sources and our policy, a new direction calculated to render us 
really independent. 

In recurring to the local events which have intervened since 
the last session of the legislature, I notice with much sori'ow, the 
death of the late lieutenant governor of this state. That distin- 
guished patriot and citizen departed this life soon after he had ex- 
perienced a flattering testimony of the continued confidence and 
affection of his fellow citizens, it is not for me here to detail the 
history of his long and useful life, or to pronounce his eulogy. 
But I owe it to private friendship and to the intimacy of our offi- 
cial relations, to say, that my late venerable associate, rendered 
to his country eminent services in the great variety of public sta- 
tions in which he was called ; and what sheds still brighter lustre 
on his memory, he merited and attained the rare felicity of being 
universally respected and esteemed in private life, for benevolence 
integrity and exemplary piety. Whether that part of the consti- 
tution which guards against a vacancy in the executive chair, does 
not point out the expediency and necessity of legislative provision 



DANIEL D. TOMPKINS. Ill 

for the choice of a successor in cases like the present at the suc- 
ceeding anniversary election, is submitted to your wisdom. 

In the la^ public communication which I had the honor of mak- 
ing to the legislature, the propriety of adopting preparatory ar- 
rang«;ments, for a revision of the statutes of this state, was sugges- 
ted for their consideration. You must indulge me in again inviting 
your attention to that subject. A hope that you will concur with 
me in the expediency of a revision of the laws, has induced me to 
dispense with proposing sundry needful alterations in particular 
statutes. 

An account of the proceedings which have taken place in the 
erection of frontier arsenals, the purchase of small arms, ordnance 
and ammunition, the erection of fortifications, and the expenditure 
of several specific appropriations, is reserved for the subject of a 
special communication. 

I am informed that the report of the commissioners appointed 
to explore the westerly parts of this state, with a view to ascertain 
the practicability and probable expense of canal communication be- 
tween the waters of the Hudson and Lake Erie, will shortly be pre- 
sented to you. The importance of that subject highlj"^ merits, and 
I doubt not will receive your early and serious attention. 

The mode of applying the fund set apart for the encouragement 
of common schools, and the means of adding to the liberal patron- 
age which has been already extended for the promotion of learn- 
ing and the consequent advancement of the cause of morality and 
religion, will form part of the interesting matters which ought to 
attract your notice. 

Gentlemen, 

Notwithstanding the difficulties we have encountered, and the 
losses we have experienced during the sanguinary and desolating 
wars of the old world, yet we have reason to rejoice that we are 
this day a prosperous and happy people. With a firm reliance 
upon that Providence which has conducted us to liberty and to in- 
dependence, let us rise above all improper considerations, and de- 
vote ourselves with one heart and one mind to the important duties 
before us. May all our deliberations be conducted with harmony 
and wisdom ; and may they terminate in the advancement of the 
public welfare. 

DANIEL D. TOMPKINS. 

Many, Janmry 29 j 181 1 



112 governors' Sl'EECHEd. 

The Legislature met at the Capitol, in the City of Albany, on the 
tzi'enty-eighth day of January, one thousand eight hundred and 
ticelve, when the Governor delivered the following 

SPEECH: 

Gentlemen of the Senate and of the Assembly, 

The approaching crisis of our national concerns, and the ar- 
uuoui' and fliversiiied duties of revising the whole system of sta- 
tute law, upon which the peace, the happiness, and the destinies of 
iicarly one million of free citizens may depend, give to the session 
upon which you have just entered, more than ordinary solemnity 
ufid interest. It becomes us, therefore, to advance to its cares, 
v/dh minds untainted by party acrimony, unswayed by seliish and 
interested motives, and with our aspirations of praise and thanks- 
r<;iving to the Great Preserver of nations, to mingle a humble and 
devout supplication for his guidance and approbation in the ac- 
complishment of the task before us. 

In my communication to the representatives of the people at 
their last meeting, I had the honor to revert to the then state of 
our foreign relations, and to note the accumulated injuries which 
had been inflicted upon us by the powers of Europe. I shall, there- 
fore, forbear to repeat the disgusting detail, on the present occasion. 

Nothing has occurred to alter our relative situation with France 
since the last session of the legislature. One item of complaint, 
however, has been expunged tVom the long catalogue of British 
wrongs, whilst fresh aggravations and insults have been substituted 
in its stead. The almost forgotten topic of an attack upon the fri- 
;i^ate Chesapeake, has been lately revived by an unexpected tender 
of reparation, which has met the acceptance of our national ru- 
lers. 

An affront calculated to excite equal sensibility, is to be found 
in the late assault of the Little Belt upon the frigate President, 
mitigated, to be sure, by the consoling reflection that it was bravely 
and nobly chastised upon the spot. 

Although accumulated evidence of the actual suspension of 
the operation of the obnoxious decrees of France, has been sub- 
mitted to the British cabinet, we are still doomed to witness a per- 
sistance in her orders in councd, of with the edicts of Berlin and 
Milan were the pretended and ostensible basis, in defiance of a 
solemn stipulation to the contrary ; and to be the victims of an 
increased rigor in their execution, which has giver\ the decisive 
and ultimate blow to our neutral commerce. 

It would be painful to dwell upon every item of aggression and 
insult which swells the list of our grievances. The precise 
points of difference are stated, and luminously discussed in the. 
documents which have recently been submitted to congress by 
the national executive. These are so universally and well under-^ 



DANIEL D. TOMPKINS. 113 

stood, and the merited confidence in the wise and patriotic mana- 
gers ot^ national concerns, has been so thoroughly contirmed, as to 
have produced an union of" feeling and sentiment in the nation, 
seldom before witnessed : and it furnishes a source of conscious 
pride and satisfaction in every American bosom, to be convinced, 
that whatever may be our local and domestic differences, we shall 
be an united and formidable people, upon all questions which 
involve our national existence and privileges, or which affect the 
vital principles of independence. 

Experience has at length taught us the feeble reliance which is 
to be reposed on appeals to the veracity, the magnanimit y or the 
justice of monarchs, and has dissipated every remaining gleam of 
hope that our neutral rights will be suitably respected. The con- 
sequent unanimity and spirit which inspire the nation, and which 
have dictated the late measures of congress, shew a determination 
to enforce respect for our rights and sovereignty at every hazard. 

It therefore behoves the state of New-York, to clothe herself 
in armour, and to stand ])repared for the approaching contest. 
The security of her valuable and exposed maritime frontier on 
the south, and the protection of her inhabitants upon the exten- 
sive borders of the north and west, challenge our anxious solici- 
tude and united services. 

The documents now communicated, with others which will be 
laid before you by special message, in a few days, will furnish full 
and accurate information of the number and equipment of the 
mditia, of the extent and distribution of the military stores, and of 
the situation of our fortifications and military deposits. 

With respect to the militia, the most flattering improvements in 
discipline and equipments, have been universally exhibited both 
by the officers and privates. The introduction of military schools 
mto several of the counties, has contributed materially to excite 
ambition, and a spirit of emulation, vVe may repose unlimited 
confidence in the patriotism, gallantry and efficacy of the militia, 
whenever the honor and safety of the country shall require their 
services. The organization established by the act of 1809, has 
been found to be satisfactory and judicious in most respects. It is, 
however, essentially defective in one or two particulars. It pre- 
scribes no limitation or guide to the jurisdiction of military courts, 
nor is there in it any designation or definition of what shall consti- 
tute military offences, nor any rules or regulations for the practice 
and proceedings of those tribunals. The remedies proposed for 
these, and for other omissions and defects which practice has dis 
covered, will be specified in a special report of the adjutant-gen- 
eral, which will be laid before you previously to the revision of 
the militia laws. 

The revision of our code of laws will furnish you with oppor- 
tunities of making many beneficial alterations. To devise the 
means for the gradual and ultimate extermination from amongst us, 
of slavery, that reproach of a free people, is a work worthy the 
representatives of a polished and enlightened nation. 

15 



114 govchnor's speeches. 

Allow me here to observe, that the law which authorises the 
transportation of slaves convicted of offences, is very generally 
Considsrerl impolitic and unjust. Imjjolitic, because it che- 
rishes inducements in the master, to whom alone those unfortunate 
creatiires can look for friendship and protection, to aggravate, to 
tempt or to entrap the slave info an error ; to operate upon his 
ignorance or his fears, to confess a charge, or to withhold from 
him the means of employing counsel for defence, or of establish- 
ing a reputation, which is frequently the only shield against a cri- 
m iial allegation. This inducement will be peculiarly strong, where 
tli3 slave IS of that description, the sale of which is prohibited : 
for a conviction will enable the master to evade that restriction, 
and to make a lucrative disposition of what might otherwise be a 
burthen to him. It is unjust because transportation is added to the 
full sentence which may be pronounced upon others. To inflict 
less punishment for the crimes of those who have always breathed 
the air of freevdom, who have been benefitted by polished society, 
and by literary, moral and religious instruction and example, than 
to the passions and frailties of tiie poor, untutored, unrefined and 
unfortunate victims of slavery, is a palpable inversion of a pre- 
cept of our benevoleqt redeemer. The servant " that know not, 
and did commit things worthy of stripes, shall be beaten with few 
stripes ; for unto whomsoever much is given, of him shall be 
much recpiired." 

It would be an employment equally grateful and honorable, to 
endeavor to ameliorate the condition and cultivate the affections 
of the natives, wbo dwell within our territory. These have gene- 
rally demeaned themselves in a friendly and inoffensive manner. 
Although they are amenable to our laws they are yet disqualified 
from pursuing the ordinary means of redress, for injuries com- 
mitted upon their persons or their property. It is not to be dis- 
guised that worthless and unprincipled white persons, availing 
themselves of the ignorance of the Indians, and of their horror at 
becoming the objects of punishment by laws which they cannot in- 
terpret or comprehend, wantonly and boldly violate their indivi- 
dual possessions and national domain. Such persons are generally 
ot transitory residence, and are amongst the most depraved mem- 
bers of community, who, besides the violation of the individual 
and national rights of the Indians, corrupt and debase their pro- 
pensities and habits. These intruders bid defiance to the ordinary 
remedy by ejectment, the issue of which they can protract for 
two or three years, and if they cannot, in the mean time, avail them- 
selves of the contingency of the purchase, by the state, or of spe- 
cial legislative interposition in their behalf they escape before final 
process overtakes them, and leave the estate of the Indians encum- 
bered with the expense of the proceedings. Of repeated and ear- 
nai't appeals for the redress of these grievances, a wise and prudent 
legislature cannot be regardless. As no right to the possession or 
title of Indian lands can be acquired from thetn by an individual, 



DANIEL D. TOIIPKLVS. 115 

and !is, therefore, no legal or valid defence can possibly be made in 
u suit at law, it is submitted whether a power to expel, in a summa- 
ry way, intruders upon Indian territory, or upon public lands, where 
no pre-emptive right is reserved, ought not to be vested, some- 
where, to be exercised under suitable restrictions, and whether such 
intruders ought not to be deemed public offenders, and be dealt 
with accordingly. 

You will, in a few days, receive the report of the commissioners, 
who were appointed to investigate the titles of the Onondaga salt 
lots Its importance will doubtless direct your serious attention 
to the general regulation and permanent usefulness of that invalua- 
ble establishment. Every discernable avenue ought to be closed, 
by which associations or individuals may monopolize the lots, or 
the salt manufactured at the jmblic springs. If that be permitted^ 
the object contemplated by the government may be defeated, and 
the industrious and enterprising citizens of that flourishing portion 
of the state, be essentially and permanently injured. 

Our treasury, for upwards of twenty years, has been constantly 
drained by the discharge of pretended or real demands against 
contiscated lands. The best means of resisting or limiting those 
demands, has frequently engrossed the earnest attention of the le- 
gislature. The systems which it has heretofore devised, however, 
have been more or less parried by speculative management or legal 
ingenuity. Possessions of nearly twenty years, warranted and con- 
firmed by public authority are constantly disturbed, and our trea- 
sury stdl feels the pressure of demands, which the purchasers of 
those claims are constantly heaping upon it. It is essential to our 
financial resources, that ell'ectual barriers be interposed against those 
claims. It would, perhaps, contribute materially to lessen their 
amount in future, were you to make void, and punish as fraudulent 
and criminal speculators upon the state, all direct or indirect pur- 
chasers of them. 

Much of the time of the legislature has heretofore been en- 
grossed with the concerns of incorporated institutions, ft is a ques- 
tion worthy of our serious meditation, whether corporations, other 
than those of a literary, charitable or religious kind, have not al- 
ready been multiplied to a dangerous and alarming extent, particu- 
larly those of them which are endowed with the power of con- 
ducting mouied operations. 

It has already been announced, that petitions for new banks, to 
the amount of eighteen and a half millions of capital, will be pre- 
sented during the present session. It will appear, by a report on 
your files of February last, and by an inspection of the laws passed 
since that, that our existing bank capital, including the stock to be 
subscribed by the state, amounts to nearly thirteen millions of dol- 
lars. The debts which may now be legally contracted upon that 
capital, are thirty nine millions ; and if eighteen millions and an half 
of atlditional capital should be granted, the banks of this state alone, 
wili tUen be enabled to contract debts, or in other words to issue 



116 governors' speeches. 

their pnper to the enormous sum of ninety-four millions of dollars,, 
a sum at least sixteen times greater than the whole specie capital of 
the state. A failure to discharge such a debt, will produce uni- 
versal bankruptcy and ruin. 

The fearful prospect presented to my imas'n«ition by the pre- 
ceding facts, and by the infatuation which has hitherto occasionally 
prevailed, with respect to banks, demand of me, as a sacred, ofli- 
cial duty, to submit to your consideration a few remarks upon that 
subject. 

ifThe intrigue and hollow pretences, which are frequently prac- 
tised to draw the legislature into the views of applicants, by exci- 
ting expectations that particular local benefits will How from the 
grant of the charter solicited ; or that particular classes of citi- 
zens, or politicians, will be peculiarly grttUfied by it, ought not to 
impose upon us at this late day ; for we know, ijiat expectations, 
excited by such representations, have too often vanishe<l in a sub- 
sequent seliish, speculating and demoralizing distribution of the 
stock. Neither ought we to be unmindful, that not nnfrequently, 
the prominent men who seek the incorporation of new banks, are 
the very same who have deeply participated in the original stock 
of most of the previously established banks. Having disposed of 
that stock at a lucrative advance, and their avidity being sharpened 
by repeated gratiiication, they become more importunate and vehe- 
ment in every fresh attempt to obtain an opportunity of renewing 
their specul.ttions. It is also worthy of preliminary notice, that 
the apparent unanimity in favor of a measure which often sur- 
rounds the capital when the legislature are beset with bank appli- 
cations, is no real indication of the sentiments of the community 
at large. 

One prominent objection which meets us at the threshold of an 
examination of this subject is, that the vaults of banks are the 
reservoirs into which the specie is collected, and where larger 
quantities of it are at all times accessible by those who may wish 
to send it out of the country, than would be the case were the spe- 
cie left diffused, instead of the paper. 

Bank stock is generally owned by the speculating, the wealthy, 
and the aspiring part of society. An amount of their personal 
property, equal to that vested in stock, is withdrawn from other 
applications and appropriations of it, which would probably be 
more beneficial to the agricultural, manufacturing and laboring in- 
terests. Hence arises the dithculty experienced by enterprizing 
farmers, manufacturers and mechanics, to raise money at lawful 
interest upon the best security ; and hence it follows, that the ne- 
cessity of temporary pecuniary relief, frequently drives them into 
the embraces of unprincipled, avaricious usurers, who fertilize 
upon the wants and distresses of the needy and unfortunate. 

The influence of the wealth amassed and concentrated in bank 
stock, wielded under the direction of a few persons not accounta- 
ble or responsible to the community for their conduct, nor re- 



DANIEL D. TOMPKINS. 117 

sirained by any official oath, may be devoted to a sway over indivi- 
dual passions, sentiments and exertions, alarming in a representa- 
tive government. A diligent observer will have already perceived 
one palpable operation of this influence on public sentiment, in 
the fashionable, erroneous opinion which prevails, that there is 
greater sanctity in corporate, than in individual property and rights^ 
and that the one is less amenable than the other to governmental 
control, and less subservient to any paramount public good. 
» The multiplication of banks encreases the facility of counter- 
feiters to make depredations on society, and their operations are al- 
most exclusively prejudicial to the less wealthy part of the commu- 
nity, whose business does not familiarise them with the great varie- 
ty of paper money which is put atloat. The last mentioned part 
of society are generally the most moral, upright and useful mem- 
bers thereof, and are the main dependence of government in 
times of danger and of war. Of them, therefore, the legislature 
ought to be the peculiar guardians. A recent detection of immense 
quantities of false bills creates serious apprehension that the amount 
of forged paper already emitted, bears a great proportion to the 
quantity of genuine paper in circulation ; and if so, how will the 
country be deluged with the former, if the facilities for putting it 
off be multiplied ? 

One of the baleful consequences of banks, is the facility with 
which credit may be obtained by certain descriptions of persons in 
and near cities and villages through the medium of a responsible 
endorser. The fictitious capital thus acquired by a man, inspires 
confidence in all descriptions of dealers and mechanics, who con- 
sequently trust him. Whenever adversity overtakes him, the pro- 
perty on hand is immediately transferred to the endorser to secure 
the bank demand. This course is dictated by a sense of gratitude to 
the endorser, and by a desire to propitiate the good will and future 
patronage of the bank : and it thus happens, that whilst the bank 
obtains full payment, more humble creditors, who have trusted the 
insolvent, in consequence of the imposing appearances, with which 
that very bank invested him, lose the utmost farthing of their dues. 
Hence, and not from the defect of the insolvent law, as is general- 
ly imagined, proceeds the universal complaint, that the estates of 
insolvents yield no dividends to ordinary creditors. 

The wound which the morals and reputation of neighboring 
states have experienced from a too great indulgence of the bank 
mania, and the present depreciated credit of bank currency, there 
and in England, furnishes a lesson of vast importance to patriotic 
and upright statesmen. The paper of the late bank of the United 
States had an unbounded credit and circulation. At its first crea- 
tion, there were few rival institutions in the great mercantile cities, 
where its branches were established, and it therefore enjoyed the 
deposits and business of the first houses and characters in the 
union. It was also patronised by the exclusive deposits of the 
general governoient, to the amount of near twenty millions annual- 



118 governors' speeches* 

ly, which added greatly to its ability for accommodittion ; and if that 
bank with such unprecedented advantages, can neither make a divi- 
dend for the present year, nor redeem the original stock at par 
after payment of its debts, which is evident from the price of 
its stock, what would be the fate of many of our present banks, 
were their affairs brought to a close ? And they will assuredly be 
brought to a close whenever a material shock shall be given to the 
credit and circulation of their paper. The then disastrous con- 
sequences are incalculable, consequences which will not be conti- 
ued to cities and villages but will pervade in a more eminent de- 
gree, the agricultural parts of the state. 

To facilitate commercial operations, is the ostensible pretest 
for soliciting bank charters, and is the only justification for grant- 
ing them. But at this moment, commerce is almost annihilated, 
and therefore there exists now no necessity ostensible or real for 
the multiplication of banks. 

There is one other consideration of emphatical influence at the 
present period. It is well known that stock is generally considered 
an unfit subject of taxation, and in fact is not included in the taxa- 
ble fund, nor does it contribute to discharge the public burdens^ 
nor is it liable to distress, or to seizure or sale upon execution. 
To increase, therefore, the amount of that untangible kind of pro- 
perty at this moment of apprehended war, would be justly consi- 
dered a partial exemption from contribution towards the public 
burdens of so many millions of the personal property of the rich. 
With what indignation would the yeomanry, the great body of our 
constituents, receive the intelligence of measures directly calculated 
to increase their burdens by a partial indulgence to the property of 
the rich ? 

Finally, we must be feelingly alive to every thing which has a 
tendency to impair confidence in the public functionaries. If the 
interests and the sentiments of the great mass of our constituents are 
opposed to the further incorporation of banking associations : if 
their institution will greatly facilitate forgers in passing false bills : 
if the suspension of commerce takes away the only plausible and 
rational pretext for countenancing them : if the wisdom taught us 
by the experience of neighboring states, of foreign countries, and 
by the supposed situation of the late United States bank, confirm 
and proclaim the danger to be anticipated from assenting to the in- 
crease of the number and capital of banks : if they contribute to 
drain the country of specie and discourage agriculture and manu- 
factures, by withdrawing from their uses and appropriations more 
beneficial to them, the money of the affluent : if they have an in- 
fluence which enables them to obtain the whole property of insol- 
vent debtors, to the injury of other creditors : if their tendency 
be to the subversion of our government, by vesting in the hands 
of the wealthy and aristocratic class, powerful engines to corrupt 
and subdue republican notions : if the augmentation of bank cap- 
ital, causes an equivalent curtailment of the taxable fund, and will 
thejeby reliev^e the wealthy stockholders from their etjual share of 



©ANIEL B. TOMPKINS. 119 

contribution to the public service, and proportionably enhance 
the tax on the hard earnings of the farmer, manufacturer, me- 
chanic and Uiborer : if the wisdom and example of the national 
government be worthy of rejspect or imitation : and if we still 
persevere in multiplying banks, will there not be danger of infusing 
into the public mmd a suspicion, either that we yield too pliantly 
to the management and pressure of external combinations, or that 
the unhallowed shrine of cupidity has its adorers within the very 
sanctuary of legisl ition ? Such a suspicion will be the prelude to 
the dovvnfdl of republican government, for it is erected and sup- 
ported upon the affections of the people at large, and upon their 
iaith in the inviolable firmness, and probity of their public agents, 
and when once the foundation is removed the superstructure 
must fall of course. Let us, therefore, conscientiously endaevor, 
so to dispose of the various bank applications with which we are to 
be assailed, as to promote the general welfare, and at the same 
time, to retaUi and confirm public confidence, not only in the wis- 
dom, but also in the unbending independence and unsuUied integ- 
rity of the legislature. 

A communication from the Chancellor of this state, relative to 
certain existing evils in the administration of justice, in the high 
nn(\ important tribunal over which he presides, is now presented. 
Your discernment and watcht'ul care over the rights ofyour con- 
stituents, and the dignified and respectable source from whence 
the representation of the existence of those evils is derived, will 
(doubtless engage your best efforts to devise and apply the appro- 
priate remedy. 

The report of the commissioners of the school fund, shortly 
to be laid before you, v\l!l attract your attention to the diffusion of 
xiseful knowledge, and the consequent promotion of virtue and 
happiness. 

The flourishing state of domestic manufactures, and the share 
which the encouragement and bounty of the legislature has had 
in contributing to their activity and success, and the consequent 
independence of the country, prompt to a continuance of every 
countenance and support compatible with our resources. 

On a former occasion, I had the honor of communicating to the 
legislature my ideas of corporeal and capital punishments. I shall 
not therefore dwell upon that theme now, longer than to repeat 
that I have always entertained serious doubts of the right of 
society to take away life in any case. That such extreme anH 
vmdictive punishment is by no means indispens;ible for the pre- 
servation of the social compact or for the peace and security of 
society ; and that it is offensive and repugnant to those sympa- 
thetic emotions, those beneficent virtues, and that refinement of 
policy and of reason which adorn civilized and free communities. 
If by inviting your reflections once more to this interesting topic, 
I shall be so fortunate as to subserve the cause of humanity, by 
effacing from our revised code that vestige of barbarism, it will 
"be to me a source of high and durable satisfaction^ 



120 governors' speeches. 

Gentlemen, 

For the unusual length of this address, my only apology is to be 
found in the great variety and importance of the matters which 
will necessarily engross your attention. 

With an acknowledgment of my high sense of your patient 
indulgence, I offer a fervent prayer to Him, who directs the pas- 
sions and talents of m;in, and controls the destinies of nations, to 
inspire us with unanimity, patriotism and wisdom, in the per- 
formance of the high and responsible duties of our respective 
stations, and to grant that our services may redound to the lasting 
happiness and welfare of the state. 

DANIEL D. TOx>IPKINS. 

Albany, January 28. 1812. 



Jlgrecahly to the Proclamation of the. Governor, (he Legislature met 
at the City of Mbany, on the third day of JVovember, one thou- 
sand eight hundred and tzi'ehe, whe7i he opened the session with 
the following 

SPEECH : 

Gentlemen of the Senate and of the Assembly, 

A few days after the last adjournment of the legislature, a de- 
claration of war was officially announced by the United States, 
against the united kingdom of Great Britain and Ireland, and its 
dependencies. The great exposure of a vast range of our south- 
ern, northern and western frontier to annoyance from the enemy^ 
and to the depredations of savages in alliance with him, rendered 
the proclamation of hostilities during the recess of the legislature 
an evsat peculiarly interesting to the citizens of this state, and im- 
posed upon the executive a task of immense res|)onsibility and. 
embarrassment. I considered it obviously a paramount duty to 
apply to the r'^sources which the foresight and liberality of the 
legislature had placed at my disposal, in such manner as not only to 
provide a spcnrity for the property and lives of the inhabitants of 
the frontiers, but also to subserve the national will by facilitating the 
operati'^os of the general government for a vigorous prosecution 
of the war, r^s the most certain means of bringing it to a speedy and 
honorable termination. My endeavors to accomplish these objects 
hnve been generously seconded by the officers and soldiers of the 
jnilitia. 

It was to be feared whilst Great Britain held not only the domin- 
ion of the ocean, but was permitted to maintain an undisputed supre- 



DANIEL D. TOMPKINS. 121 

macy on the lakes also, that the burthen of the nnilitia of this 
state in particular, in the first campaign of the war, would be ex- 
tremely arduous. Accordingly most of the detached militia, togeth- 
er with a considerable number of independent uniform and volun- 
teer companies, have been called into actual service, either at New- 
York, Buftalo, Lewiston, Niagara, Oswego, Sackett's Harbor, Og- 
densburgh or Flattsburgh, or in frontier towns between those pla- 
ces. It affords me great satisfaction, however, to inform you, that 
it is confidently expected that the appropriation made in June 
last, to meet the emergency of invasion or war, will be adequate 
to defray all the expenses hitherto incurred on the part of the 
state. 

In reflecting upon the events and consequences of the war from 
its commencement to the present period, we find more cause of ex- 
ultation than could reasonably have been expected, considering the 
pacific structure of our national government ; the enjoyment of 
nearly thirty years of peace, the smallness of our navy, the very 
limited number of our regular and disciplined troops, and a tempo- 
rary deficiency of many munitions. Nearly as great a proportion of 
homeward bound merchantmen have escaped capture as has been 
customary during the last three or four years of peace. The 
market for the produce of the farmer has experienced an unex- 
pected and unusual rise instead of a depression. Upon the ocean 
and the lakes, wherever our gallant tars have come in contact with 
the enemy, their conduct has given lustre to the American char- 
acter, and in some instances their achievements have been bril- 
liant beyond example. It cannot but be expected that the gene- 
ral government, impressed with the propriety, the justice and the 
indispensible necessit}'^ of yielding more ample protection to our 
commerce, and of rendering the American nation more formidable 
in war, will increase our naval establishment to the extent war- 
ranted by the resources and spirit of the nation. 

Although the surrender of the north-western army is greatly to 
be deplored and tended to increase the difficulties which the mili- 
tia of this state have had to encounter, and to retard the operations 
of government ; and although the attack on Queenston did not 
eventuate propitiously, yet it cannot for a moment be doubted 
that the issue of the contest will be glorious to our country. Re- 
verses were to be expected in the first outset of inexperienced 
troops. These have originated not in a want of valor in our 
soldiers or of resources in our country, but in the unavoidable dif- 
ficulties, under existing circumstances, of directing the one and 
developing the other, en a sudden emergency, with the greatest ad- 
vantage. In the attack of Queenston, however, and in the af- 
fair of Brownstown, prior to the surrender of Detroit, and on va- 
rious other occasions, the army and militia have invariably exhibi- 
ted the deliberate and undaunted bravery of veterans. 

I beg leave, respectfully, to recommend to your consideration, 
the propriety of making suitable provisions for the families of 

16 



122 GOVERiXORs' SPEECHES. 

those officers and soldiers of the mihtia of this state, who have 
been disabled, or who have fallen in the battle of Queenston. 

It h;is not been usual to protract the November meeting of the 
legislature, beyond the time required to discharge the important 
trust of designating electors of president and vice-president of 
the United States. But an imperious duty requires that the case 
of John Bowrtjan, convicted of the crime of murder before Mr- 
Justice Thompson, at the last court of oyer and terminer held in 
the county of Herkimer, be submitted to your immediate atten- 
tion. The official communication of the presiding judge is now 
delivered. The unequivocal guilt of the convict on the one 
hand, and his tender years on the other, make your duty with 
respect to him, extremely delicate and responsible. This is the 
only matter of an extraordinary nature wliich I shall at present 
press upon your notice. Should you, however, be disposed to de- 
vote attention, during the present session to other subjects, upon 
an intimation of that intention, I shall do myself the honor of fur- 
nishing you, by special message, a detailed statement of the ar- 
rangements and proceedings wliich have been adopted subsequent- 
ly to the declaration of war. In the mean time, t cannot refrain 
from seizing the earliest opportunity of suggesting some imperfec- 
tions which experience has pointed out in the existing mode of 
detaching militia for public service, that the application of suitable 
remedies may be the subject of your reflection during the recess 
of the legislature. 

All persons above the age of forty-five years, amongst whom it 
is to be presumed the greatest proportion of wealth is distributed, 
and a great variety of persons under that age, are exempt from 
military duty altogether in time of peace, and there is no provi- 
sion which subjects them to any contribution or duty in time of 
war. Besides, the penalty for the disobedience of those who are 
liable to militia duty and who are detached for actual service is 
pecuniary only, and the fine is neither appropriated to the benefit 
pf those whose circumstances do not enable them to evade ac- 
tual service in that way, nor to provide substitutes for those who 
jslect to pay the penalty. The consequence is, that an affluent 
portion of the community do not participate in the danger and bur- 
thens of service at all, and many of the most wealthy of those 
who may be detached, avoid taking the field by the payment of a 
trifling amount, scarcely exceeding the value of the requisite clo- 
thing and equipments to fit a soldier for service ; whilst the 
jnore indigent, perhaps with young families to support are alone 
subjected to the sacrifices of supporting the government and defend- 
ing the lives and property of their fellow citizens, and receive 
a compensation, which, in comparison with their earnings 
at home, is but a mere pittance. Every principle of policy and 
justice requires, that some other system be devised by which the . 
hardships and perils of defending the country, shall be more equi- 
jtably diffused. 



DANIEL D. TOMPKINS. 123 

Gentlemen, 

Notwithstanding differences of opinion upon a variety of local 
and other subjects may exist amongst us, yet in the propriety of re- 
specting and of yielding our exertions to support the national will, 
constitutionally expressed, and to preserve the rights, honor and 
character of the American nation unimpaired, we must all heartily 
concur. Inspired by these sentiments, our united efforts, under 
the smiles of Providence, cannot but be honorable to ourselves 
and conducive to the lasting happiness and prosperity of our be- 
loved country. 

DANIEL D. TOxMPKINS. 

-Albany, .November 3, 1812. 



r/ic Legislature met at the City of Albany, on the twenty-fifth day 
of January, one thousand eight hundred and fourteen, rchen the 
Governor delivered the following 

SPEECH : 

Oentl-emkn of the Senate and of the Assembly, 

It would have given me great satisfaction to have had it in my 
^-)ower to congratulate you on this occasion upon the return of the 
advantages and blessings of peace. The government of the Uni- 
ted States, both before and since the commencement of the pre- 
sent war with Great Britain, has uniformly evinced a disposition 
to adjust, upon liberal and reciprocal terms, the existing differ- 
ences between the two nations. The appointment of envoys 
plenipotentiary, who repaired to Europe so early as May last, 
upon the proffered mediation of the Emperor of Russia, furnishes 
an incontestible proof of that disposition. It does not appear 
that a spirit equally conciliatory has influenced the councils of the 
enemy. The good offices of the Emperor have been declinedj 
and a proposition has been submitted to our government by the 
Prince Regent for transferring the theatre of negociation to Lon- 
don or Gottenburgh. The president has given further evidence 
of his desire to terminate the calamities of war by acceding to 
that overture also. It is to be hoped that the contemplated nego- 
ciation niay result in the conclusion of an honorable and lasting 
peace. But when we consider that pacific conferences are 
greatly procrastinated .b)' the proposed change of the place of 
treating ; when we reflect upon the non-acceptance by the Prince 
Regent of the mediation of his illustrious friend and ally ; upon 
the former inadmissible pretensions of the British government and 



124 governors'' speeches, 

upon the torms of Lord Castlereagh's recent communication to 
the secretary of state, our hope of a favorable issue ought not to 
be sanguine. If the late proposition has proceeded from a wil- 
lingness to restore amity upon principles which may be mutual and 
consistent with the established maxims of public law, the impend- 
ing conferences will very probably eventuate propitiously. But 
we ought not to permit the hope of that result to lull us into a fatal 
security ; for it may be that we must ultimately depend upon an 
unanimous, vigorous and successful prosecution of the unavoida- 
ble contest, in which we are involved, for the establishment and 
security of our just rights. 

It was not to be expected after so long a period of peace, that 
upon the tirst declaration of a war by the United States, a well 
organized and efficient army could immediately be brought into 
the tield. There was little of the experience of the revolution 
remaining in the country, and to develope military talents and 
national resources and to give them the most wise and beneiicial 
direction is the work of time. In tracing the progress of our 
arms in the late cami)aign, however, there is as much cause of 
pride and congratulation as it was reasonable to hope for. 

The navy has maintained, if not brightened, the lustre of its 
antecedent character. Arduous battles and brilliant victories, sur- 
passed by none recorded in the annals of history, and which have 
given splendor to the American name, have been fought and 
won by it. 

The capture of York, the taking of Fort George, the conquest 
of Proctor's armj', the subjugation of the western Indians, the 
successive victories over the Creeks, the defence of Sandusky, 
of Sackett's Harbor, and of other places, were honorable to our 
aims and have exhibited traits of conduct and intrepidity in the 
army that justify high expectations. These gratifying events, it is 
true, have been followed by some disappointments and disasters. 

Public expectation was highly excited by the last movement of 
the main army and was greatly disappointed at the failure of the 
supposed object of that movement. 

The recent invasion by the enemy of the western frontier of 
this state, and the extraordinary surrender to him of the garrison 
and fort of Niagara, the burning of flourishing villages and settle- 
ments ; the pillage of private property, and the massacre of 
peaceable inhabitants of that frontier by a savage foe, are melan- 
choly occurrences, calculated to excite the liveliest sympathy for 
the sufferers, and to rouse the indignation of every friend of 
humanity and of his country. The conduct of the enemy dunng 
that invasion was marked by a disregard of the rules of civilized 
warfare, and by a malignant ferocity. Many of our fellow citi- 
zens, who were at peace with their families, were murdered and 
scalped. The bodies of many of those who were wounded or 
taken prisoners in the engagement at Black Rock, have been found 
mangled in the most shocking manner by the tomahawk and scalp# 
ias^ knife. 



DANIEL P. TOMPKINS. 125 

The distresses of the families who have thus become the vic- 
tims of a cruel and unprecedented warfare call for the immediate 
and liberal interposition of the legislature. The character and 
dignity of the state, as well as justice to our esposed and suffering 
fellow-citizens, demand the exertion of its utmost power and 
resources to punish the atrocities of the enemy, and to render 
that frontier secure in future from his incursions and cruelties. 

The measures which were taken upon that emergency, with the 
requisitions, correspondence, orders and reports relating thereto, 
will be specially communicated without delay. 

You will permit me, gentlemen, to remark in this place, that 
the want of some legal provision whereby the burthen of defence 
m ly be more equitably diffused, and the less wealthy part of the 
community be relieved from the disproportionate share of actual 
service to which they are subjected by the existing laws, the want 
of legal power for enforcing summarily obedience to the authority 
delegated to officers by the mditia law, and to supply food, quarters 
and transportation for troops, called out understate authority, render 
it impossible for the militia generals to repel invasions immediately 
and eflectually, 

I must likewise be indulged in again soliciting the attention of 
the legislature to the propriety of raising corps of volunteers, of 
giving them suitable remuneration for their clothing and an increase 
of pay. These corps might take the tield upon any emergency, 
ivithout the tedious process of detaching, assembling and organi- 
sing men from remote districts, and would perfonn any actual ser- 
vice which might legally be required more usefully then detached 
militia. 

By an act of congress passed in June last, a direct tax was laid 
upon the United States, and in the apportionment, the sum of four 
hundred and thirty thousand one hundred and forty-one dollars and 
sixty-two cents, has been imposed upon the state of New York. The 
same law distributes the quota of each itatc in the several counties 
thereof, but authorizes the state legislatures previously to the first 
day of April next, to vary the apportionment, and entitles each state 
to a deduction of fifteen per cent, upon paying its quota into the 
treasury of the United States, befor«; the tenth day of February 
next, and often per cent, if paid before the firstday of May next. 
The limitation of time to have the benefit of deduction of fifteen 
per cent, is extended by a late supplementary law to the 20th day 
of February. The advantages which will accrue to our citizens, 
and of coursse to the state, by the payment of this quota directly 
from its treasury, are too obvious to be enumerated. The saving 
to the citizens of the state of about sixty five thousand dollars, 
and to the nation of the expense of assessment and collection, 
will amount to nearly one hundred and thirty thousand dollars. 
The number of inhabitants and the amount of wealth of the 
respective counties of this state, vary essentially from year to 
year ; so that it is scarcely possible, at any onetime, to make a per- 



126 governors' speeches. 

fectly equitable distribution of a tax amongst them. A considera 
ble part of our unsettled lands are owned by non-residents. The 
inconveniences and sacrifices of the inhabitants of some counties, 
arising from their exposure to the enemy, and from the frequent 
calls which have unavoidably been made upon them to perform 
actual militia duty, have been such that it would at this particular 
juncture, be unreasonable and severe to levy upon them any part 
of the direct tax. 

The state can advance the present tax without any material em- 
barrassment of its treasury or call upon its citizens. 

In the year one thousand eight hundred and eight, a loan at seven 
per cent, was made by the state to its citizens, for their accommo- 
dation and relief, under the then restrictive laws. The privilege of 
borrowing from divers b >nks, at five and six per cent, interest, is 
reserved to the state in the acts giving or extending their several 
charters. It is, therefore, in our power to borrow, at a moderate 
interest, the amount cf the direct tax before mentioned, to advance 
it for the benefit and accommodation of our citizens, and to appro- 
priate and pledge for its repayment the securities taken for for- 
mer loans by the state. The importance of this subject to our 
iconstituent? and to the interests of this state and of the nation, will, 
I trust, recommend it to your early and serious attention 

Soon after the last adjournment of the legislature, two persons 
were convicted in this city of the crime of murder : the one as 
principal in the first degree, and the other as being present, aid- 
ing and assisting in the commission of the crime. I judged it to be 
my duty to suspend the execution of one of them. The report 
and documents upon which this respite was founded are now j>rc 
scntedioyou. 

Gentlemen, 

The progress and success of domestic manufactures and improve- 
ments of every kind ; the nigh price obtained by the husbandman 
-for the products of his labor, and the general health, prosperity 
and tranquillity (except in the lamented instances already noticed) 
which has prevailed within o.ur state during the last year, call 
upon us to render fervent gratitude to that indulgent Providence, 
who has mingled so many cf the enjoyments and benefits of peac^ 
with the afflictions of war. Let us therefore implore Him to con- 
tinue his benedictions upon our beloved country, and to grant us 
unanimity, patriotism and wisdom, to pursue, at this important ses" 
sion, the most essential interests of this state and of the union. 

DANIEL D. TOMPKINS. 

Albany, January 25, 18M. 



DANIEL D. TOMPKINS. 127 

Pursuant to a Proclamation of the Governor, the Legislature met at 
the City of Albany, on the tzventy-sixth day of September, one thou- 
sand eight hundred and fourteen ; and on the day following, the 
Governor met the tico houses, in the Assembly Chamber, and opened 
the session with the following 

SPEECH: 

Gentlemen of the Senate and of the Assembly, 

The extreme pressure of public business, and the peculiar 
emergencies of the war in which we are engaged, induced me to call 
this session of the legislature. At the close of the last session, a 
confident expectation prevailed, that existing hostilities would soon 
be terminated by a fair and honorable peace. Great Britain, it is 
true, had declined the profTcred mediation of the Emperor of Rus- 
sia ; yet, as far as professions could be relied on, she wat: still dis- 
posed to restore amicable relations between the two countries upon 
satisfactory and mutual terms. Subsequent events, however, have 
shewn that such hopes were fallacious. Whether originally insin- 
cere in his professions, or flushed by the recent events in Europe, 
and the vast disposable forces they have left at his command, the 
enemy has certainly assumed atone of arrogance and a spirit of in- 
creased hostility incompatible with feelings of reconciliation. The 
most palpable delays and evasions have been practiced to defer a 
meeting of negociators, while in the mean time large armaments 
have been dispatched to our coast, and powerful armies collected 
on our frontiers, in the presumptuous hope of overwhelming us in 
a single campaign. A predatory and wanton warfare, destitute of 
all generous principle, and disgraced by pillage and conflagration, 
has been cirried on in our bays and rivers ; and the enemy has 
openly avov^ed his intention of laying waste our cities, and of mak- 
ing a common ruin of public and j)rivate property. 

But beside \he general causes of alarm, our apprehensions have 
been more immediately awakened for our own security, and we 
have been calltd upon to exert all our forces to protect our own 
homes from desoVation. From information received, and corrobo- 
rated by the movements of the enemy, there were sufficient grounds 
of belief that one great object of his campaign was to penetrate 
with his northern array by the waters of Lake Champlain and the 
Hudson, and by a simultaneous attack with his maritime force on 
New-York, to form a junction which should sever the communica- 
tion of the states. To defeat this arrogant design, to save the 
state from inroad, and our cities from destruction, it was necessary 
immediately to exercise fuller powers and more ample resources 
than had been placed in my hands by the legislature. The exi- 
gency of the time, while it suV>jected the executive to great respon- 
sibility, admitted of no delay. I proceeded, therefore, to make such 
dispositions c« were deemed indispensible to secure the exposed 



128 governor's spelches. 

points against menaced invasion. To effect these objects, I tonnd 
it necessary to transcend the authority and means vested in me 
by law ; but I feel perfectly satisfied, that the legislature will 
approve and sanction what I have done. In the mean time, I havo 
requested this session for the purpose of devising further mea- 
sures of security and defence, and of clothing some public otliccr 
with the requisite powers to carry them into effect. A particular 
detail of the steps which have been taken, and of those which 
appear to me essential for the future safety of our frontiers, will 
form the subject of a special communication. 

When we reflect that the present campaign was one in which 
the enemy had threatened to visit us with his wrath, and to make 
us feel his power, we cannot but exult th;<t thus far we have sus- 
tained the shock with firmness, and have even gathered laurels 
from the strife. He has, it is true, been able to maraud our sea- 
board, and harass and ruin individuals. He has even penetrated 
to our capital, feebly opposed by a hasty levy of undisciplined 
militia, and has wantonly demolished edifices and monuments of 
artj hitherto held sacred in all but barbarous warfare. But when- 
ever we have met with him in fair and open contest, the result has 
been signally honorable to our arms. A series of brilliant actions, 
which shed lustre upon the Niagara army, has entitled its distin- 
guished generals, Brown, Scott, Porter, Gaines, and Ripley, and 
their brave associates to the lasting gratitude of their country. 

The gallant deeds of Porter, Warrington and Blakesley, have 
well sustained the splendid character of our navy. At the inva- 
sion of Baltimore the foe was promptly met, was harassed in his 
approach, and fled back with heavy loss to his ships. But the 
late glorious triumph at Plattsburgh, for grandeur of circumstance 
and importance of effect, renders all encomium feeble and inade- 
quate. This was the blow by which the enemy hoped to lay open 
our northern frontier. He advanced with confidence in the supe- 
riority of his land and naval forces, and counted on a certain vic- 
tory. After a severe and bloody contest, his vhole fleet was 
conquered and captured in the sight of his astonis^jed army. His 
land troops were likewise discomfittrd and driven to a precipitate 
and ignominious retreat before a handful of regulars under Briga- 
dier General Macomb, and an inconsiderable body of the militia 
and volunteers of New- York and Vermont, under Generals Mooers 
and Strong. The conduct of our troops on 'hat occasion, both in 
repulsing the powerful assaults of the enemy, and in pursuing and 
harassing him in his retreat, reflects the highest honor on the 
commanding ofiicers and their companions in arms. 

The achievement of Commodore Macdonough and his intrepid 
comrades is not surpassed in the records of naval history. It 
sheds glory on the nation at large ; but its immediate benefits are 
more peculiarly felt by the states of New-York and Vermont. 
Permit me to recommend a prompt and public expression, by the 
constituted authorities of this state, of their high sense of the. 



DANIEL D. TOMPKIXS. \'Ih 

illustrious services of these brave men, who have so eminently 
contributed to the safety and ftlory of the nation ; and the pre- 
sentation of some testin)onial of gratitude, worthy of the dignify 
of the state, and the acceptance of gallant and high-minded heroes. 
I have heretofore submitted to the consideration of the legisla- 
ture, the propriety of relieving the poorer classes of community 
from bearing that unreasonable proportion of the burthen of mili- 
tia duty, to which they are subjected by the existing laws. I must 
be permitted to renew my solicitations upon that subject. Th^ 
experience of this campaign has furnished abundaijt evidence of 
the unequal operation of the present system, and has shewn the 
indispensable necessity of substituting property as the criterion of 
contribution to the public defence. We may then establish a 
more disposable, better disciplined, and more economical and effi- 
cient force^ tha« can possibly be organized from militia at large, 
hastily assembled, at a moment of hurry and alarm. The popu- 
lation and resources of this state enable us to place at the disposal 
of the nation, for the continuance of the war, ten thousand uni- 
formed troops, and to reserve for local defence, ten thousand 
minute men, uniformed, equipped and disciplined, to take the 
field at a moment's warying, as a substitute for ordinary militia. 
It is, however, due to the militia of this state, to acknowledge, 
that they have rep;iired to their country's stanrlard, whenever sum- 
moned, with proas ptness and alacrity; that they have cheerfully 
endured the kardships and privations of the camp, and that they 
have generally conducted themselves ia action with the coolness 
atid bravfcry of veteran troops, 

It is with heartfelt satisfiction that I witness the unanimity and 
patriotic spirit that actuates all classes of the community. The 
acrimony of party has disappeared in the combined exertion for 
the maintenance of national honor and common safety. The pre- 
sent time will form a proud er;) in the history of this state. It will 
develope the vastness of her resources, the strength of her popula 
tion, the intelligence and liberality of her legislative bodies, and 
the valor and patriotism of her citizens. She has it in her power 
to assume an attitude worthy of her intrinsic character, to set an 
example of open handed munilicence that will challenge emulation, 
to impart vigor and effect to the national arm, and thus to secure 
at\(^ perpetuate the independence of the United States. 

DANIEL D. TOMPKINS. 

Albany t September 27, 1814. 

17 



136 



GOVERNORS SPEECHES. 



Trte Legislature met at Jllhnny on the thirtij-Jlrst day of Jan^iartj^ 
one thousand eigJU hundred and sixteen ; and on the scrojid day 
of February the Governor made this 

SPEECH : 

Gentlemen of the Senate and of the Assembly, 

In meeting the legislature for the first time since the termination 
of the war with Great Britain, allow me to congratulate you on 
that event, and of the negociation of an honorable, and, I triist, a 
permanent peace. Sensible of its blessings, we ought to ascribe its 
attainment to the direction of that Providence under whose auspices 
we have been protected through the perils and embarrassments of 
war. 

It is with the proudest sensations, w'e can recur to the character 
and incidents of the late war, to the unwearied valor and firmness 
which marked the progress of our arms through every vicis-itude 
of peril and discomfiture, which courted every exposure and braved 
every danger, and which in its termination, has, in an eminent de- 
gree, contributed as well to strengthen our confidence in the effica- 
cy and stability of our political institutions, as to elevate our na- 
tional charactcT abroad. 

It had been matter of much speculation, whether our govern- 
ment, in its organization, was well calculated for a state of war ; 
and it had been apprehended that, wanting tlie consoHdated ener- 
gies of a monarchy, its powers would act without concentration^ 
and of course, without effect. The late glorious contest has, 
however, established the fallacy of the objection, and the perfec- 
tion of its system. It has presented, with some triumph to the 
world, the refutation of an opinion which denied to republics a 
capacity to resist the assaults of exterior hostility ; and it has 
practically shewn that a free nation, not only destitute of the sys- 
tem, the science and experience which give perfection to military 
operations, but deprived even of the signal benefits resulting from 
unanimity, has been able to resist with success the most desperate 
efforts of an enemy enured to war, and possessing all the advantages 
of veteran force and experienced generals. 

In becoming a belligerent, the government of the United States 
consulted alone the respect she owed herself, and assumed an atti- 
tude demanded by her wrongs, her honor, and a regard to her per- 
manent prosperity, which made war necessary to the accomplish- 
ment of a peace which should again restore, upon an equitable ba- 
sis, the long disturbed relations of amity and commerce. But among 
the events growing out of the late war, we cannot too much appre- 
ciate the elevation of the American character, and the pleasing con- 
trast with periods anterior to its declaration. Remote from the col- 
lisions of Europe, her political influence in the scale of nations was 
scarcely felt ; but the spirit with which she resisted the novel and 



DAMEL D. TOMPKINS, 13i 

i>u;iuthori.-ied pretensions of disguised hostility, llie firmness with 
which she maintained a sanguinary and perilous contest and the 
moderation she has shewn, after the causes of the war had, by sub- 
sequent events, been essentially removed, in the arrangement of a 
peace, emanating principally from her valor and resources, have 
given her a rank in the convention of nations, which cannot fail ef- 
fectually to guarantee the continuance of her pacific relations. 
Amidst these considerations, let not those who have achieved these 
<j;re;it objects, under the most adverse fortunes, be forgotten. Let 
them not retire at once the objects of the respect and ingratitude 
of their country. I cannot but cherish the hope, that their sacri- 
fices and their sufferings will early command the attention of the 
national legislature. 

The decision with which the subsequent war with Algiers has 
been conducted, has given a new proof as well of the wisdom and 
firmness of those to whom the public functions of government 
have been entrusted, as of the necessity of that description of 
maritime defence so peculiarly adapted to the commercial charac- 
ter of our colintry. In this achievement is to be found another 
mstance of the high courage and conduct which on every occasion 
have distinguished the gallant commander of that portion of our 
naval force, and his brave associates. 

In estimating the blessings of peace we cannot be too strongly 
reminded of the necessity of preparing for every vicissitude. 
Our growing commercial character, the jealousies excited by our 
free ibrm of government, the recent brilliant achievements of 
our army and navy, our improvements both in the arts of peace 
and war ; and our enterprise and resolution, render this country 
an object of inquietude and apprehension to those nations whose 
commercial pursuits and influence must unavoidabl}' come in col- 
lision with those of the United States. I cannot therefore too, 
strongly enforce on those who are selected as the guardians of the 
public safety, the indispensable necessity of providing against 
future and contingent danger, the means of prompt and vigorous 
resistance. To say that the general government is alone entrusted 
by the constitution with the power and means of providing for 
general defence, is to deny the application of those ordinary pre- 
cautions which self respect and self defence impose on each state. 
With it we participate equally in the responsibility of guarding 
and defending our territory, and with hers we ought to unite our 
efforts for a general defence. 

I cannot pass over this occasion without again calHng the atten- 
tion of the legislature to the propriety of a new organization of 
the militia, a power competent from its resources to fulfil the high 
destination of being the bulwark of the state Recent erents 
have confirmed that opinion by practical illustration ; when under 
competent commanders, the militia have been led through priva- 
tion, fatigue, and peril, to the accomplishment of many of the 
most important military operations. On former occasions, some 



J 32 governors' speeches. 

of the defects of tho existing militia laws have been presented 
to the legislature, and endeavors have been made to shew that 
they are incompetent to the objects contemplated, and in time of 
war operate unequally. I cannot forbear remarking, that no pe- 
riocl can be better adapted to a revision of our military code, than 
during the present tranquil st;ite of the country. Our exposure 
to attack, and the difijculty of commanding our resources when 
assailed, present strong inducements for a co-operation with the 
United States in giving form and effect to that system of defence, 
which, in the opinions of the framers of the constitution, was cal- 
culated for most of the emergencies of the nation. 

'i'he ditlkulties and expenses which attended the transporta- 
tion of public stores, to frontier posts, during the late war, have 
demonstrated the necessity of a legislative intervention to encou- 
rage the establishment of good roads from the Hudson to the St. 
Lawrence, and to Lake Erie, Ontario and Champlain : and on this 
subject, allow mc to remark, that neither the convenience of turn- 
pike companies, nor the security of the public from imposition, 
are promoted by conferring upon the executive the power of ap- 
pointing commissioners to lay out roads, inspectors to examine 
them, or of issuing licenses to erect gates. This power would be 
more advisedly reposed in the first judges of counties, or in some 
other responsible and accessible officers, with the right to appeal 
from their decision. 

It will rest with the legislature, whether the prospect of connec- 
ting- the waters of the Hudson with those of the western lakes and 
of Champlain, is not sufficiently important to demand the appropria- 
tion of some part of the revenues of the state to its accomphshment, 
without imposing too great a burthen upon our constituents. The* 
first route being an object common with the states of the west, we 
may rely on their zealous co-operation in any judicious plan that 
e:m perfect the water communication in that direction. As it relates 
to the connecting the waters of the Hudson with those of lake 
Champlain, we may with equal confidence, count on the spirited ex- 
ertions of the patriotic and enterprising stale of V^ermont. 

Among the objects that will necessarily invite the attention of 
the legislature, the situation of the manufacturing interests of the 
country ought not to be flisregarded. The early effort they made 
to render their country independent of foreign supplies, not a little 
facilitated the operations of the late war. A neglect by govern- 
ment of their interests cannot but restrain, in the event of future 
hostilities, the direction that patriotism and enterprise would other- 
wise give to a great proportion of the capital of the country. It is 
a proposition too plain to require any observation to inforce it, that 
no nation can be really and substantially independent, which relies 
on any other for its essential supplies of clothing. The main- 
tenance of our manufactures is, in my view, of deep interest to 
the present and future prosperity of our country, and I confident 
ly recommend them to our patronage and protection 



DANIEL D. TOBIPKINS. 133 

In the course of last year, two persons convicted of arson, 
have been pardoned, on the condition of submitting to imprison- 
ment in the state prison tor Ufe, at hard hibor. 

As the constitution invests the executive with the power of re- 
mitting sentences, for all crimes except treason and murder ; and 
as the laws authorise (he insertion of conditions in the pardons to 
be granted, I can entertain no doubt of the propriety, or expedi- 
ency, in some cases, of commuting the punishing of death, for 
perpetual imprisonment, by conditional pardons. This subject 
may, however, require some legislative provision, in relation to 
the powers and duties of the inspectors and keepers of the state 
prison. The judges of the supreme court equally with myself, 
regret that the crowded state of the present prison, has of late 
made it indispensably necessary to extend the list of recommenda- 
tions for pardons, to a greater number than would otherwise have 
been deemed proper. They therefore suggest, in which I most 
respectfully concur, that the prison be enlarged, or that a new es- 
tablishment be erected in the northern or western part of the 
state, which will have for one of its important eflects, the reduc- 
tion of a portion of the present heavy expeivses incident to 
transportation of convicts from remote counties of the state. 

The evidence and documents on which I have respited, for the 
consideration of the legislature, the sentence of Thomas Burk, 
lately convicted of murder in New- York, will accompany a special 
communication. 

Your superior wisdom, gentlemen, will suggest the variety of 
other subjects, which ought to receive the attention of the legis- 
ture. I have only therefore to add, that in the discharge of the 
important trust confided to us, to inculcate on our citizens the 
magnanimous sentiment, that in peace they should become the 
friends of those to whom they were enemies in war, to divest our- 
selves of that spirit of party which has heretofore jeopardized 
the best interests of the country, and which, if persisted in, may 
ultimately involve us in those deplorable scenes, by which modern 
Europe has been convulsed and almost desolated ; are duties of 
the highest obligation. In every object connected with those du- 
ties, or which may respect the honor or welfare of this state, you. 
may be assured of the utmost support on my part. 

DANIEL D. TOMPKIN?, 

Albany, February 2, 1816. 



134 GOVERNORS SPElXriES. 

Qn the f.fth day of JVoveinber, one thousand eight liundred and 
sixteen, the Legislature met at Albany , fur the piirpose of cJtoosing 
Electors of President and Vice-President, 'mhen the Governor 
opened the session with the follozeing 

SPEECH: 

(jextlemen of the Senate and of the AsseiMbly, 

T avail myself of the present occasion to expre3S to the people, 
through their representatives, my acknowledgments for the re- 
newed honor conferred on me, by committing once more to my 
ohnrge, the administration of their government. 

The general state of peace in which mankind at length repose, 
IS a subject of high felicitation. Europe, hitherto the theatre of per- 
petual and bloody contention, now presents a spectacle of nations 
at amity, rivalling each other only in quiet industry, commercial 
enterprize, and all the means of repairing the ravages caused by 
their long and cruel wars. 

The southern part of our own continent is the principal excep- 
tion to universal peace: There we behold a vast population, in- 
habiting a boundless extent of fertile teritory, struggling to dispel 
the clouds of superstition, and to shake oft' the chains ©f foreign 
despotism. An effort so noble challenges tlie best wishes of the 
philanthropist, and cannot fail to receive the sympathy of the 
citizens of the United States ; and, if in the dispensations of Pro- 
vidence, it shall be decreed that our southern brethren may termi- 
nate tkeir political sufferings in the establishment of a great con- 
federacy of republics, mutually cultivating the arts and sciences, 
conducting extensive and liberal commerce, promoting agriculture, 
becoming respectable and happy at home and honored abroad, and 
dispensing all the blessings of political and religious freedom, this 
western hemisphere will present a scene of delightful comtempla- 
tion. 

Within our own borders every thing is tranquil and happy ; and 
although some of the productions of the earth have not been so 
abundant the past season as they usually are, a bountiful store, 
fully sufficient, with prudent foresight, to supply all the necessaries 
and comforts of life, is still left us. This and the general health- 
fulness of the season, call forth warm emotions of gratitude to the 
great dispenser of every good. 

The present meeting of the legislature being appointed by law 
for a special purpose, I shall submit to your considerstion at this 
time, such subjects only as are of pressing and indispensable im- 
portance. 

In the month of September last, Daniel Northrop, of the coun- 
ty of Saratoga, was convicted of the crime of murder, and was 
sentenced to be executed on the last Friday of the present month. 
The jurors who tried him have requested that his punishment 



DANIEL D. TOrilPICINS. 135 

inn}' be commuted ; bnt the Cliief Justice, who prosicled at the 
triiil, is so well persuaded of th'C ment;)! derangement of the unfor- 
tunate convict, th;U he does not think him a fit subject for pun- 
irihment of any kind. It i.*, however, considered dangerous to 
j)ermit him to go at hirge ; anfl therefore, if a pardon be granted. 
a condition that he be confined in some lunatic hospital or asylum 
is respectfully recommended. 

The progress of vice keeping pace with the rapid increase of 
population, it becomes impossible to accommodate, in the single 
edifice at New-York, all the convicts which are sent from the 
diflerent parts of the state. So crowded, indeed, is that 
prison, t'lat serious apprehensions are entertained of infection, 
and other alarming consequences. For this reason many ]»ar- 
dons are recommended by the judges of the supreme court, and tlie 
Inspectors of the prison, on the plea of necessity, which perhaps, 
would not have been advised on the ground of merit. This necessity 
renders punishments more uncertain, and that uncertainty destroys 
the respect for, and operation of the laws, and as the grand meliora- 
tion of our criminal code, which substitutes deprivation of liberty 
and subjection to hard labor, for sanguinary and capital punish- 
ments, will not have a flair ox[)er:ment, or be truly tested, unless 
the mild sentences pronounced, are endured, you will readily per- 
ceive the high importance of removing the present embarrassments 
to the full execution of criminal sentences. The communication 
from the inspectors of the institution, which I now present, sug- 
gests several remedies for the existing evil. Without expressing 
an opinion on the propriety of ultimately adopting those which 
are experimental, and will be more difficult and tedious of accom- 
plishment, it is respectfully submitted to your wisdom to make 
provision at the present session for employing a part, at least, of 
the state prisoners either in building the new prison at Auburn, 
erecting fortifications, opening and repairing great roads, construct- 
ing canals, or in making other improvement?!. 

It is greatly to be deplored when capitalists had, from the purest 
motives of patriotism, and when the best interests of the country 
required it, adventured their property in them, that establishments 
for domestic manufactures should have been suffered to be suspen- 
ded or even to languish. An appeal to the general government has 
produced partial relief; but the utmost exertions of the state le- 
gislature, will be required to yield such further encouragement as 
will place manufacturers of domestic articles, upon an equal foot- 
ing with the importers of foreign merchandize. 

Gentlemen, 

When we compare the situation of the United States with that 
of other countries, we have great cause of self gratulation. W e 
find ourselves in the enjoyment of every rational right, civil and 
religious. Our government has proved itself capable of resisting 
the shock of most political changes which peace or war can pro- 



136 governors' speeches. 

duce. Its duration then, may confidently be predicted, coeval 
with the intelligence and virtue of the inhabitants. 

The present state of the world, and the general disposition of 
mankind, are propitious to the encouragement of learning, the ad- 
vancement of the arts, and the extension of religious information, 
the certain and only means of perpetuating our happy condition. 
As guardians of the prosperity, liberty and morals of the state, 
we are, therefore, bound by every injunction of patriotism and 
wisdom, to endow, to the utmost of our resources, schools and 
seminaries of learning, to patronize public improvements and to 
cherish all institutions for the diflusion of religious knowledge and 
for the promotion of virtue and piety. 

DANIEL D. TOMPKINS. 

Albany, Movemher 5, 1816. 



DE WITT CLINTON- 



O/i the twenty-seventh day of January, one thousand eight hundred 
and eighteen, the Governor delivered the following 

SPEECH : 

Gentlemen of the Senate and of the Assembly, 

Among the important duties enjoined upon the executive by th& 
constitution, he is required to recommend such subjects to the con- 
sideration of the legislature, as shall appear to him to concern the 
good government, welfare, and prosperity of the state. On this 
occasion I feel a peculiar gratification in the performance of this 
duty, from a persuasion that I address myself to a legislature, cofll= 
petent to distinguish, and anxious to promote the true interests of 
our country. 

As agriculture is the source of our subsistence, the basis of our 
strength, and the foundation of our prosperity, it is pleasing to ob- 
serve the public attention awakened to its importance, and associ- 
ations springing up in several counties to cherish its interest. Hav- 
ing received but a small portion of direct encouragement from gov- 
ernment, it has been left to its own energies ; and supported by a 
fertile soil, cherished by a benign climate, cultivated by industry;, 
and protected by liberty, it has diffused its bounties over the coun- 
try, and has relieved the wants of the old world. Relying hitherto 
almost exclusively on the fertility of our soiland the extent of our 
possessions, we have not adopted those improvements which the 
experience of modern times has indicated. And it has not beets, 
sufficiently understood that agriculture is a science, as well as an art ; 
that it demands the labor of the mind as well as of the hands ; and 
that its successful cultivation is intimately allied with the most pro= 
found investigations of philosophy, and the most elaborate exertions 
of the human mind. 

If not the exclusive duty, it is certainly the peculiar province of 
the state governments to superintend and advance the interests of 
agriculture. To this end, it is advisable to constitute a board, 
composed of the most experienced and best informed agricuIturistB 
and to render it their duty to diffuse agricultural knowledge ; to 
correspond with the county societies ; to communicate to them 
beneficial discoveries and improvements ; to introduce useful 
seeds, plants, trees and animals, implements of husbandry, and Ia« 
bor-saving mHchines ; to explore the minerals of the country, and 
to publish periodically, the most valuable observations and treatises 
»n husbandry, horticulture and rural economy. Th« eeufitj lesiei^ 

38 



138 GOVERNORS' SPEECHES. 

tics ought to be enabled to distribute adequate premiums ; and » 
professorship of agriculture connected with the board or attached 
to the university, might also be constituted, embracing the kindred 
«cienceg of chemistry and geology, mineralogy, botany and the oth- 
er departments of natural history. By which means a complete 
course of agricultural education would be taught, developing the 
principles of the science, illustrating the practice of the art, and 
restoring this first and best pursuit of man to that intellectual rank 
which it ought to occupy in the scale of human estimation. 

Good markets for agricultural productions are the vital incentive 
to agricultural industry : and nothing tends more directly to the 
promotion of these, than the establishment of cheap and easy modes 
of transportation, and the erection of flourishing vHlages, towns 
and cities, under the auspices of commerce, trade and manufac- 
tures. As foreign markets are always fluctuating in their prices , 
and uncertain as to their exigencies, we must rely principally on 
our own internal consumption for the stable and permanent sup- 
port of agriculture. But this can only be effected by the excite- 
ment of other kinds of industry, and the creation of a gj?eat manu- 
facturing interest. Every friend of this country must contemplate 
with regret the prostration of our manufactories. The excessive 
importation of foreign fabrics wa3 the signal of ruin to institutions 
founded by enterprising industry, reared by beneficial skdl and 
identified with the general welfare. The raw mijterials of iron, 
woollen and cotton manufactures are abundant, and. those for the 
minor and auxiliary ones can in most cases be procured at home 
with equal facility. Nothing is wanting to destroy foreign com- 
petition but the steady protection of thp. government and the pub- 
lic spirit of the country. High duties and prohibitory provisions 
applied to foreign productions, aflbrd the most efficient encour- 
agement to our manufactures ; and these measures appertain to 
the legitimate functions of the national government. But much 
may be done by the state government by liberal accommodations, 
by judicious exemptions and by the whole weight of its influence, 
and much more may be accomplished by the public spirit of the 
community. For I am persuaded, that if every citizen who 
•adopts the fabrics of other nations, would seriously consider that 
he is not only paying taxes for the support of foreign governments, 
but that he participates in undermining one of the main pillars of 
our productive industry, he would imitate the honorable prefer- 
ence which you have this day evinced in favor of American man- 
ufactures. 

The internal trade of a country is equally essential to the 
prosperity of agriculture, of manufactures and of commerce j 
for embracing the interests of all, it extends its enlivening influence 
to every important department of human industry. But it can ne- 
ver be advantageously nor extensively pursued and cultivated with- 
out easy and rapid communications by water courses, roads and ca- 
nals : and it is among the first duties of government to facilitate th«i. 



DE WITT CLINTON. 139 

trrinsportat'ion of commodities, by opening and ameliorating all the 
channels of beneficial intercourse ; for in peace or in war it is 
equally essential to our cardinal interests. 

The removal of the obstructions to the navigation of our princi- 
pal river, has heretofore occupied the attention and received the 
assistance of the state. These impediments being principally occa- 
sioned by alluvial deposits and existing only at the head of the nav- 
igation, can be easily removed, if a proper plan be adopted. But 
instead of one concentrated efl'ort, embracing the whole object and 
Tmder the controul of one board, several attempts have been made 
at different points and binder different commissioners. And as 
they were confined to the improvements of particular parts, their 
efforts have not been attended with complete success. The unex- 
pended appropriations, in addition to what has already been done, 
will go far towards accomplishing this important work. And it 13 
a subject worthy of your particular attention and of your munifi- 
cent interposition. 

The immense capital expended in turnpike roads has been very 
conducive to the promotion of inland trade. But the statutes pre- 
scribing the mode of constructing them, of inspecting them before 
the proprietors are authorised to receive toll, and of coercing their 
repair, are not suflicientlv circumspect in their provisions nor en- 
ergetic in their enforcements. The inspectors appointed to pro- 
nounce on the completion of roads are sometimes selected with an 
imperfect knowledge of their qualifications, and without any infor- 
mation as to their connexion with the proprietor;? of the roads to be 
examined, and their proceedings are conducted without the sanc- 
tion of an oath, and are not restrained by any declared penalties. 
The statutes providing for keeping these roads in good order, have 
been in a state of inexecution in most of the counties in conse- 
quence of the non-appointment of commissioners. And it is not 
made the special duty of the ministerial officers of justice to com- 
plain when these communications are not maintained in a good 
state. Owing to this combination of unpropitious circumstances, 
the condition of these roads is a subject of general and well founded 
complaint, and calls loudly for the application of efficacious cor- 
rectives. 

I congratulate you upon the auspicious commencement and suc- 
cessful progress of the contemplated water communications be- 
tween the great western and northern lakes and the Atlantic ocean. 
Near sixty miles of the western canal have been contracted for, 
to be finished within the present year, and it is probable that the 
whole of the northern canal will be disposed of in the same man- 
ner before the ensuing spring. 

Notwithstanding the unfavorable season, the inexperience of the 
contractors, and the late commencement of operations, it is under- 
stood that the work to the extent of fifteen miles has already been 
done on the western canal. And it is confidently believed that the 
•Sgregate expense will be within the estimates of the commission- 



140 GOVERNORS* SPEECHES. 

ers. The enhancement of the profits of agriculture, the excite^ 
ment of manufacturing industry ; the activity of internal trade ; 
the benefits of lucrative traffic ; the interchange of valuable com- 
modities ; the commerce of fertile, remote and wide-spread re- 
gions, and the approximation of the most distant parts of the union 
by the facility and rapidity of communication that will result from 
the completion of these stupendous works, wiil spread the bles- 
sings of plenty and opulence to an immeasureable extent. The 
resources of the state are fully adequate without extraneous aid ; 
and when we consider that every portion of the nation will feel 
the animating spirit and vivifying influence of these great works ; 
that they will receive the benediction of posterity and command 
(he approbation of the civilized world, we are required to perse- 
vere by every dictate of interest, by every sentiment of honor, by 
every injunction of patriotism, and by every consideration which 
ought to influence the councils and govern the conduct of a free, 
high minded, enlightened and magnanimous people. 

In 1815, an act was passed for incorporating a company for open- 
ing the navigation between the head waters of the Seneca lake and 
the Chemung River. And in March last a law was enacted by the 
legislature of Pennsylvania, authorizing the appointment of commis- 
sioners to view and examine the route of a contemplated canal to 
connect the waters of the Seneca lake and Tioga riyer, and to re- 
port on the practicability, importance and probable expense of mak- 
ing and completing it. In pursuance of which, commissioners have 
been appointed, have made the requisite examinations, and have 
probably performed the other duties assigned to them. Although 
the obvious tendency of this project is to facilitate the transportation 
of commodities from this to neighbouring states, yet from a full per- 
suasion that the prosperity of our country will be best advanced 
by multiplying the markets for our productions, and by intimate 
and beneficial connections between the different members of the 
confederacy, I consider it our incumbent duty to overlook local 
considerations and geographical distinctions, and to afford our cor- 
dial co-operation. 

The fund appropriated to common schools consist of about one 
million of dollars, and eighty thousand acres of land. The in- 
come for distribution this year is 60,000 dollars. Having parti- 
cipated in the first establishment of the Lancasterian system in this 
country, having carefully observed its progress, and witnessed its 
benefits, I caa confidently recommend it as an invaluable improve- 
ment, which by a wonderful combinatipn of economy in expense 
and rapidity of instruction has created anew era in education ; and 
I am desirous that all our common schools should be supplied with 
teachers of this description. As this system operates with the same 
efficacy in education, that labor-saving machinery does in the use- 
ful arts, it will be readily perceived that it is peculiarly adapted to 
this country. 
For if by this means one teaeher can perform the functions of 



DE ^TrrT clinton. 141 

tea, and if a pupil caR learn in one week as much as he would m 
one month in the common way, it is evident that more wealth, 
more hibor, more time and more industry, can be devoted to th.e 
ordinary occupations of hfe without interfering with the dispensa- 
tions of knowledge. Wherever it has been attempted, it has suc- 
ceeded, and several parts of the state have experienced its benefits. 
Competent teachers can be educated for this express purpose, and 
in sufficient number to supply all our common schools, by sending 
intelligent young men to the Lancasterian seminaries in New-York, 
where they will be instructed gratuitously, and where in the 
course of a few months they will acquire sufficient knowledge of 
the system. Appropriations for this purpose by the several com- 
mon schools out of their portion of the general fund, under the di~ 
section of the superintendent, will defray the small expense attend- 
ing the attainment of thid important object. 

The Nourishing condition of our higher seminaries of education 
is a pleasing demonstration of the increasing progress of mental 
improvement, and a powerful incentive to liberal dispensations of 
public patronage. Under the auspices of learned and enlightened 
instructors, our colleges are constantly increasing in students, and 
extending in usefulness : and the intermediate seminaries between 
the common schools and colleges have also greatly diffused the 
blessings of education. Funds to the amount of 750,000 doilar^ 
have been granted to the three colleges, and about 100,000 to the 
thirty-eight incorporated academies. While this liberality of pa- 
tronage reflects honor on, the state, it cannot be too forcibly incul- 
cated, nor too generally understood, that in promoting the great 
interests of moral and intellectual cultivation, there can be no 
prodigality in the application of the public treasure. 

The colleges of physicians and surgeons are eminently deserving 
ol' public consideration. The increase of the institution in New- 
York in the number of its students, in the amplitude of its accom- 
modations, and in the respectability of its character, has kept pace 
with the science and celebrity of its professors. And the recent 
addition of distinguished teachers to the establishment in Fairfield 
places it on high ground, and in the road to prosperity and useful- 
ness. The appropriations to medical education do not exceed 60,- 
000 dollars, a surn by no means commensurate with the importance 
of the object. Every well educated physician becomes not only 
a conservator of health, but a missionary of science. Wherever 
he establishes himself, he will convey ^nd communicate useful 
knowledge. Two hundred of our youth annually dispersed over 
the country, instructed in medical knowledge and its cognate sci- 
ences, will, in the course of a few years, effect an augmentation in 
the state of general information equally honorable and beneficial to 
the community. And no measure can be more conducive to the 
prosperity of our medical institutions, to the respectability of the 
profession, and to the preservation of the public health, than a law 



142 GOVERNORS' SPEECHES. 

rendering an attendance upon lectures in the university, an indis- 
pensable passport to medical practice. 

The principal societies devoted to literature, science and the 
arts in the city of New-York, have, by the liberal patronage of 
the municipal authorities been collected in a spacious and accom- 
modating edifice under the denomination of the New-York Institu- 
tion. These associations are forming extensive and invaluable 
collections of the w^orks of the fine arts, of our animal, vegetable 
and mineral productions ; and of books and manuscripts illustrating 
our civil, ecclesiastical and natural history, our geography, antiqui- 
ties and statistics. They are also zealously engaged in exploring 
the extensive field of natural science ; in developing the principles 
of political philosophy, and in exalting the literature of our coun- 
try. Whenever such institutions appear, they are en^titled to the 
countenance of government, for there will ever be an intimate and 
immutable alliance between their advancement and the glory and 
prosperity of the state. 

The state of our finances demands your mature consideration. 
It appears that the funds of the state amount to about ^4,600,000 00 
And that the debts of the state amount to 2,710,082 50 



Composed of the following specifications : 

Stock, bearing 7 per cent interest, ^1,106,597 60 

Stock, beanng 6 per cent, interest, 777,000 00 

Debt to the bank of New- York, bearing an interest 

of 6 per cent. 826,685 00 

2,710,032 50 
It further appears that the sum total of expenditures 
for iortifications, arsenals, magazines, ordinance, 
arms, ammunition and other warlike stores ; for 
the pay of militia, sea fencibles, and volunteei'Sj 
is ^846,350 8o 

That the amount of direct taxes of the national go- 
vernment, assumed and paid by this state is, 1,113,126 23 
Miking in the whole ^1,959,477 06, of debt incurred by the 
state, in consequence of its patriotic exertions for the public 
defence, and tor the payment of which a tax of two mills on a 
dollar has been imposed. 

It will be observed that we pay a war interest of 7 per cent, for 
a considerable part of this debt. As the stock is redeemable, it 
will be easy to pay it off by a new loan at six per cent. It will be 
advisable to dispose of the three per cent, stock, and to apply the 
avails to the reduction of the debt. These proceeds, together 
with ^226,000 of the revenue of last year, and a new loan of 
1,100,000 dollars at six per cent, will extinguish the whole of the 
present stock in May or June next, and leave about 150,000 dol- 
lars applicable to extraerdinary purposes. The eanal stock is net 



DE WITT CLINTON. 143 

included in this statement, because the finances of this work are to 
be kept distinct trom the ordinary revenues of the state. 

If this plan should be adopted, our debt would be reduced to 
1,900,000 dollars. 

I alfio recommend the reduction of the lax to half its present 
amount. The annual revenue will still be about 600,000 ; and as 
our permanent expenses, including the interest of the public debt, 
will not exceed 440,000 dollars, there will remain a surplus of 
60,000 dollars applicable to extraordinary objects. This sum 
may be increased to upwards of 100,000 by financial improve- 
ments. The funds of the state will be augmented by the payment of 
the debt due from the United States, which has not yet been adjus- 
ted ; and great and useful accessions may be made in other respects. 
The imposition of auction duties in lieu of those of the United 
States, lately withdrawn, will protect our regular traders, afford 
some relief to our manufactories, and enlarge the fund for inter- 
nal improvement. The revenue from escheats, properly collec- 
ted would be considerable, and a much greater sura may be raised 
annually by the lotteries already authorised by law. And it may 
be proper to observe that our financial operations may be facilita- 
ted by the establishment of an office for the transfer of stock in the 
city of New-York, which can be done without any expense. 

This view of our finances is certainly encouraging. It shews 
that our debt may be greatly reduced ; that our taxes may be 
diminished one half^ that all our contemplated improvements 
may be executed, and that a great fund will still remain for all 
the beneficial objects of society. 

The public lands have not been comprehended in this exposi- 
tion of our resources. Including the town lots, the islands and 
our rights of pre-emption, together with the detached parcels and 
large tracts, I consider them fully equivalent in value to the whole 
debt against the state. The immense fund appropriated to schools 
and ac'iiiemies, has also been Jiept out of view, because 1 
deem it a sacred provision for the education of the present and all 
future generations, which ought never to be disturbed, diverted or 
impaired. 

With respect to the debt which will be incurred in the prosecu- 
tion of internal improvements, there can be no doubt but that light 
tolls on our own commodities, and higher transit duties on foreign 
productions, will in a few years not only accumulate a fund for its 
extinguishment, but be a prolific source of revenue for the general 
purposes of government. And this subject may in other respects 
form the basis of important arrangements in our system of political 
economy. It may be rendered a powerful instrument for encourag- 
ing our own manufactures, and/or restraining the pernicious use of 
foreign commodities. 

The best systems of finance are, however, vain and illusory, 
without the practice of economy Parsimony ought to be avoided 
m well as profusion, but all governmeuta are too prone to give into 



144 governors' speeches. 

wnsteuil extravngance. Appropriations of pnblic money should 
be cautiously made, and its espenditures carefully Whtched. The 
accountability of public agents should be enforced, and the ordinary 
forms of legislation ought never to be varied, unless in extreme 
cases. With the observance of these salutary precautions ; with 
the application of a well regulated economy, and the adoption of 
proper and judicious retrenchments, I feel a thorough persuasion 
tliat the flourishing contlition of our finances may be completely 
restored ; that all our improvements may be successfully executed ; 
and that this state, rich in her resources, public spirited in her ob- 
jncls, wise in her deliberations, and determined in her purposes, 
may attain unprecedented prosperity. 

Although the cultivation of the blessings of peace is most con- 
genial with the spirit of our government, the precepts of religion, 
and ihe maxims of sound policy, yet the seeds of war and contro- 
versy are planted too deeply in the constitution of human nature 
for us to expect an exemption from the common fate of nations ; 
and the experience of the United States utterlj' forbids the hope. 
Since our existence as a nation, besides the war of the revolution 
and contests with the saviiges of this continent and the barbarians 
of Africa, we have been engaged in hostilities with France and Great 
Britain. We are in the neighborhood of British and Spanish provin - 
car.. Our enterprising spirit of migration and commerce will bring us 
in contact with the trading and colonial establishments of Russia. 
The West India islands, owned by different sovereigns, may in the 
course of time be a fruitful source of controversy ; and our ex- 
tensive commerce will often render it necessary to vindicate our 
political rights against the aggressions of the billigerent powers of 
Europe. Even at this present period, the patriotic struggles of 
the people of Spanish America, for emancipation from the re- 
straints of commercial monopol}', and the shackles of colonial 
suojection, may compromit our pacific relations. Whatever may 
be the cr.use, the time mus't arrive when it will become necessary 
to appeal to the sword, and this appeal ought never to be made 
wilhout finding us in a state of ample preparation. 

Permit me then to recommend to your attention the revision 
and melioration of our militia system. 

The statutes relative to the militia were not revived in 1812, 
and it is now necessary to combine them into one law ; to recon- 
cile theii" different provisions, and to engraft such amendments as 
experience has shown to be proper. It is believed that essential 
improvements may be made in the organization, dress and disci- 
pline of the militia ; in the imposition, collection, and disposition 
of fines ; in the promotion of military instruction, and in the en- 
couragement of meritorious service or distinguished skill. In 
consequence of the imperfect state of some of the returns, the 
precise number of our enrolled militia cannot be ascertained, but 
it may be safely estimated at 120,000 men. This immense physi- 
cal force, properly organized, arranged, armed, and directed, may 
defy the efforts of any enemy. But it ought not to be concealed. 



t>E WITT CLINTON. 145 

thnt not one third of our militia is anned and equipped ; and that 
too in a very imperfect manner. This state does not own more 
than twenty thousand stand of arms. The act of congress of 1808, 
for arming and equipping the whole body of the militia, however 
well intended, is totally inadequate to the object. Our militia in- 
creases more rapidly than the supply, and even if our population 
were stationary, it would take near half a century before ample 
provisions could be derived from that source. 

The constitution of the state ordains that the militia at all times,. 
as well in peace as in war, shall be armed and disciplined, and in 
readiness for service, and that a proper magazine of warlike 
stores proportionate to the number of inhabitants, shall forever at 
the expense of the state and by acts of the legislature, be estab- 
lished, maintained, and continued, in every county. Although it 
has not been practicable to comply with these injunctions in their 
strict sense and to their full extent, yet it is certainly our duty as 
well from reverence for the constitution, as from regard for the 
public safety, to replenish our arsenals and magazines, and to give 
our physical force all the advantages of energetic arrangement 
and complete equipment. 

The system of criminal jurisprudence which was adopted in 
1796, has not realised the expectations of benevolence. The ex- 
penses of this establishment to the first day of the present month, 
amount to the enormous sum of ^976,157 44, of which the follow- 
ing are the principal items : 

For erecting the prison, including the site, 243,346 00 

For the support of the institution, exclusive of the 

compensation of the officers and guard, 374,846 70 

For the salaries of the officers of the prison, exo.lu- 

sire of the guard, 135,324 43 

For pay of the guard, including their arms, clo- 
thing, '&c. 134,660 16 
For transportation of convicts to the state prison, 
since 1812, inclusive, being before that year paid 
by the agent of the prison, 67,980 IS 

$976,151 44 
The efficacy of this system in reforming offenders, has not stood 
the test of experiment ; and as it is very difficult to obtain accurate 
accounts of the convictions under the old system, it is not in my 
power to state with certainty, whether crimes have increased un= 
der the new, because in order to arrive at a fair result, it is neces- 
sary to compare the convictions and the population under the ope- 
ration of both codes : but I am induced to believe that in this mo- 
mentous respect, it has not answered our wishes. It is with inex- 
pressible regret that I am compelled by an imperious sense of duty, 
to make this communication. I have done it, not with a view of 
re-introducing sanguinary punishments, which are as abhorrent to 
my feelings as they are to the policy of good gorernmeat, but to 

19 



146 governors' speeches. 

attract your attention to this important subject, and to solicit the 
full exertion of your fticulties in its investigation. I am persuaded 
that the Penitentiary system has not been subjected to ;i fair experi- 
ment, and that under a proper arrangement, and a virtuous and able 
administration, it will answer all the ends of criminal justice with- 
out imposing any great burden on the state. 

It is reasonable to impute our disappointment in a considerable 
degree to the incompetency of the means provided for executing 
the system on an extensive scale. The want of room has been 
hostile to discipliixe, injurious to industry, and productive of heavy 
expense ; and when the state undertook to carry on extensive 
manufacturing operations, it became liable to losses in every stage 
©f their progress from the purchase of the raw material to the sale 
of the wrought article. The injudicious organization of the board 
of superintendence ; the repeated changes in that body ; and the 
unavoidable frequency of pardons have also produced detrimental 
effects. But making ample allowance for all these disadvantages, 
and comparing our Penitentiary with those of other states, I cannot 
resist the impression that there has been some radical error in the 
general management. It behoves the representatives of the peo- 
ple to institute a solemn enquiry ; to ascertain the causes of the 
failure, and to apply the appropriate remedies. 

The efficacy of the Penientiary system might be signally promo- 
ted by the erection of solitary cells in the several counties for the 
punishment of all offenders below the degree of grand larceny, and 
by doubling the value of the property stolen in order to constitute 
that crime. Solitary confinement is, next to death, the most ap- 
palling punishment which can be inflicted on a human being ; and 
the expense of erecting these prisons and of maintaining the con- 
victs will be very inconsiderable, when compared with the impor- 
tance of the object. Under our present code, the pardoning power 
has been frequently exercised in a salutary manner by prescribing 
as a condition that the convict to whom mercy is extended, shall 
depart from the state and never return. This is in substance the 
punishment of banishment, and it would be well to fortify the effi- 
cacy of such pardons, by imposing severe penalties for their vio- 
lation. 

As connected generally with this subject, it is proper to mention 
that the dispensation of criminal justice is attended with heavy, 
and it is believed, with unnecessary expense ; and that great bene- 
fits might probably arise from some improvements in the system, 
and from a new arrangement of the Court of Exchequer. 

In the case of cr«>ditors and debtors our law has departed from 
its general policy, and has authorised the former to wield the pow- 
er of punishment by the imprisonment of the latter for a default 
in the payment of debts, without considering whether the failure 
be imputable to misfortune or to fraud. Within a few years this 
code has been relaxed, and the debtor has been liberated from 
close incarceration, and admitted to the benefit of extensive limits 
on giving security that he will not depart from them. The conse- 



DE WITT CLINTON. 147 

qiience is that it entangles and holds only the poor and the forlorn, 
while those favored with friends or opulence escape from its 
severity. If the legislature shall consider it expedient to change 
the present system and exempt the unfortunate debtor from the 
penalties of imprisonment, rigorous provisions ought to be adopted 
for the punishment of fraud, and the rights of creditors should 
be fortified by the terrors of criminal punishment. But if it 
shall be deemed unailvisable to proceed to that extent, the poor 
debtor contined within the walls of a prison ought at least to be 
supported by his unrelenting creditor, and the repetition of scenes 
at which humanity shudders ought no longer to disgrace our coun- 
try. 

Our statutes relating to the poor are borrowed from the English 
system. And the experience of that country as well as our own, 
shews that pauperism increases with the augmentation of the funds 
applied to its relief. This evil has proceeded to such an alarming 
extent in the city of New-York, that the burdens of heavy taxa- 
tion which it has impn«if>d, mpnanrp a dimmutioii of the population 
of that city, and a deprpciation of its real property. '^1 he conse- 
quences will be very injurious to the whole state ; for the decay 
of our great market will be felt in every department of produc- 
tive labor. Under the present system the fruits of industry are 
appropriated to the wants of idleness ; a laborious poor man is 
taxed for the support of an idle beggar ; and the vice of mendici- 
ty, no longer considered degrading, infects a considerable portion 
of our population in large towns. I am persuaded that the sooner 
a radical reform takes place, the better. The evil is contagious, 
and a prompt extirpation can alone prevent its pernicious extension. 
The inducements to pauperism may be destroyed by rendering it 
a greater evil to live by charity- than by industry ; its mischiefs 
may be mitigated by diminishing the expenses of our charitable 
establishments and by adopting a system of coercive labor ; and its 
causes may be removed by preventing intemperance and extrava- 
gance, and by intellectual, moral and religious cultivation It is 
the decree of heaven that our lives should be spent in useful or 
active employment. " In the sweat of thy face shalt thou eat 
bread, till thou return unto the ground," was the declaration of 
the Almighty to our first parent ; and a course of blind indiscrimi- 
Dating prodigal benevolence defeats its own object, by attempting 
to counteract the laws of our nature, and the designs of Provi- 
dence. Charity is an exalted virtue, but it ought to be founded 
on reason, and regulated by wisdom. While we must consider 
as worthy of all praise and patronage religious and moral societies, 
Sunday, free and charity schools, houses of industry, orphan asy- 
lums, saving banks, and all other establishments, which prevent 
or alleviate the evils of pauperism, by inspiring industry, dis- 
pensing employment and inculcating economy : by improving the 
mind, cultivating the heart, and elevating the character, we are 
ft<iuaWy bouad to discourage those institutions, which furnish the 



148 GOTERNORS' SPEECHES. 

aliment of mendicity, by removing the incentives to labor, and ad- 
ministering to the blandishments of sensuality. 

The Indians in our territory are experiencing the fate of all 
savage and barbarous tribes in the vicinity of civilized nations, 
and are constantly deteriorating in character and diminishing in 
number; and before the expiration of half a century there is a 
strong probability that they will entirely disappear. Their re- 
servations amount to about 250,000 acres of excellent land, but 
as the greater part is within the cession to Massachusetts, the 
state has but little interest in the pre-emption. It is understood 
that the western Indians are desirous that ours should emigrate to 
an extensive territory remote from white population, and which 
will be graated to them gratuitously. As this will preserve them 
from rapid destruction, as it is in strict unison with the prescrip- 
tions of humanity, and will not interfere with the blessings of re- 
ligions instruction ; and as their places will be supplied by in- 
dustrious and useful settlers, who will augment our population 
and resourses, it is presnmpd thnt fbprp ran be. nn reasonable ob.. 
jections to their removal. 

This, however, ought to be free and voluntary on their part, 
and whenever it takes place, it is our duty to see that they re- 
ceive an ample compensation for their territory. At the present 
time they are frequently injured and defrauded by intrusions 
upon their lands, and some of the most valuable domains of the 
state are subjected to similar detriment. It is very desirable, that 
our laws should provide adequate remedies in these cases, and that 
they should be rigorously enforced. 

The evils arising from the disordered state of our currency have 
been aggravated by the banking operations of individuals, and the 
unauthorisRd emission of small notes by corporations. They re- 
quire the immediate and correcting interposition of the legislature. 
I also submit it to your serious consideration, whether the incorpo- 
ration of banks in places where they are not required by the exi- 
gencies of commerce, trade or manufactures, ought to be counte- 
nanced. Such institutions having but few deposits of money, must 
rely for their profits principally upon the circulation of their notes 
and they are therefore tempted to extend it beyond (heir faculties. 
These bills are diffused either in the shape of loans, or by appoin- 
ting confidential agents to exchange them for those of other estab- 
lishments. But the former mode bemg conducive to profit, is at 
first generally adopted, and in the early stages of their operations, 
discounts are liberally dispensed. This produces an apparent ac- 
tivity of business and the indications of prosperity. But it is all 
fictitious and deceptive, resembling the hectic heat of consuming 
disease, not the genial warmth of substantial health. A re-action, 
soon takes place. Their bills are in turn collected by rival insti- 
tutions, or pass to the banks of the great cities, and payment being 
required, the only resource left is to call in their debts, and exact 
partial or total returns of their lo£«5. The contiaual (Struggle be^ 



DE WITT CLINTON. 149 

Uveen conflicting establishments to collect each others notes, occa- 
sions constant apprehension. The sphere of their ojierations is nar- 
rowed. Every new bank contracts the area of their paper circu- 
lation ; and after subjecting the communities within their respec- 
tive spheres of operation to the pernicious vicissitudes of loans at 
otie period profusely granted, and at another parsimoniously with- 
Jield, they linally settle down into a state of torpid inaction, and 
become mere conduits of accommodation to a few individuals. 7'ho 
legislature are then solicited to apply a remedy by the incorpora- 
tion of other banks, whereas every new one of this description. 
unless attended by peculiar circumstances, paralizes a portion of 
capital and augments the general distress. 

The banishment of metallic money, the loss of commercial confi- 
dence, the exhibition of fictitious capital, the increase of civil pro- 
secutions, the multiplication of crimes, the injurious enhancement 
of prices, and the dangerous extension of credit, are among tha 
mischiefs which flow from this state of things. And it is worthy 
of serious inquiry, ^vhether a much greater augmentation of such 
institutions may not in course of time produce an explosion that 
will demolish the whole system. The slow and periodical returns 
of husbandry being incompetent to the exigencies of banking es- 
tablishments, the agricultural interest is the principal suflorer by 
these proceedings. And it is with deep regret that 1 feel con- 
strained to mention that some practitioners of the law, regardless 
of the high respectability of their profession, have added to the 
distresses of the country by bu3'ing up notes in order to obt;;iii 
exorbitant prcntums and the costs of prosecution. The fall 
of the manufacturing interest, the excessive consumption of for- 
eign commodities, and the introduction of wide-spreading luxui-y 
and wide wasting extravagance, have had a most pernicious eUcct 
on the public welfare. 

But I felicitate you on the prospect of better times. The 
blessings of Heaven have visited the labors of the husbandman 
during the last year, and the products of another season will in all 
jirobability create a balance in favor of the country. Public atten- 
tion is awakened to the encouragement of the useful arts, and to 
the diffusion of the lights of religion and knowledge ; and v/e arc, 
I hope, -returning to those habit^ of economy and those observan- 
ces of republican simplicity, which are demanded by the voice of 
patriotism, and the genius of our government. And when wc 
compare our actual and prospective state with that of other nations 
we have every reason to be grateful to Divine Providence for the 
exalted destinies of our country. 

I shall now lay before you a letter from the governor of Penn- 
sylvania, respecting the contemplated canal between the Seneca 
lake and one of the branches of the Susquehannah river ; a 
communication from the secretary of state enclosing a represen- 
tation of the minister of Great Britain respecting the statute of 
this state *'to amend an act entitled an act relative to the pilots of 



150 governors' speeches. 

the port of New-York ;" a request from the engineer of the Uni- 
ted States who superintends the erection of the important works 
at Rouse's Point on Lake Champlain, for further cessions of soil 
and jurisdiction ; certain proceedings of the states of Kentucky, 
New-Jersey and Connecticut, respecting amendments to the na- 
tional constitution ; and sundry papers relative to the demand of 
this state against the United States. All these subjects will re- 
quire your attention in the course of the session, but the last from 
the circumstances of the case, ought to be immediately consi- 
dered. 

I should do injustice to my feelings, were I not to express my 
grateful sense of the confidence reposed in me by the people of 
this state. Conscious that I ought to be judged by my conduct 
and not by my professions, I shall waive the usual expressions on 
these occasions, and shall only declare that in the proper per- 
formance of my official duties I rely upon the cordial concur- 
rence of the co-ordinate authorities, and the magnanimous support 
of the people. And I humbly implore the blessing of Almighty 
God upon the faithful execution of our high responsibilities, and 
upon our zealous co-operation with the national and state govern- 
ments, in all wise and patriotic measures to promote the happi- 
ness, to advance the honor, and to perpetuate the freedom of the 
American people. 

DE WITT CLINTON. 

Mbany, January 21, 1818. 



DE WITT CLINTON. 161 

On the fifth day of January, one thousand eight hundred and ninr.- 
teen the Governor delivered the foUowim^ 

SPEECH: 

Gentlemen of the Senate and of the Assembly, 

A meeting of the representatives of a free people for the pur- 
poses of legishjtion, is, at all times, an event interesting to the 
community and honorable to the human character : but its im- 
portance is greatly enhanced, when they are called upon, by the 
peculiar state of the country, to deliberate and to decide upon 
subjects intimately associated with its prosperity and its honor> 
and with the cardinal interests of all future generations. Under 
these circumstances you have now assembled, and fortunately at a 
time the most propitious to patriotic views, to wise deliberations 
and to energetic decisions. At no period, within my recollec- 
tion, has the public mind been in a state of greater tranquility. 
more exempt from the impulses of ambition, and more accessible 
to the influence of reason and of patriotism. 

Our country is in a state of profound peace, which promises a 
long duration, and even the civilized nations of the eastern hemis- 
phere have sheathed the desolating sword. An enlightened and 
exalted spirit predominates, friendly to the primary interests of the 
state ; to the promotion of agriculture, commerce, and the arts ; 
lo the encouragement of literature and science, of schools, acade- 
mies, colleges, universities and learned societies ; to the advance- 
ment of those great internal communications which form the basis 
of individual and public wealth, and to the elevation of our nation- 
al character, by works of public and permanent utility, and by 
acts which consult the welfare and the dignity of the human race. 
In addition to these distinguished advantages, we have enjoyed 
the blessings of a healthy season and of an abundant harvest ; our 
seminaries of instruction have increased in usefulness ; our popu- 
lation is augmenting beyond all former experience ; justice is 
administered with purity and ability ; the majesty of the laws is 
respected ; the influence of religion and morality is spreading : 
And, after fully estimating those afflictions, ;|vvhich must be experi- 
enced by all human beings, and those evils which are incident to 
all human institutions, it is not too much to say that we never had 
more reason to be grateful to the Almighty Dispenser of all good. 
At a period so auspicious, we cannot, therefore, anticipate disap 
pointment from your deliberations. As the faithful representa- 
tives of the people, possessing their confidence, you will not hesi- 
tate to obey their voice. And in discharging an important duty 
assigned to me by the constitution, I shall exhibit to you without 
reserve, but with the most profound respect, my views of the 
policy which ought to be pursued ; of the evils which ought to be 
corrected, and of the measures which ought to be adopted. 



152 

The progress of our internal improvements has equalled our 
Hiost sanguine expectations. In the course of the next season the 
Northern canal, extending from Whitehall at the head ot Lake 
Champlain,to Fort Edward, on the Hudson river, a distance of 
23 miles, and the whole of the middle section of the Western 
canal, comprising 94 miles, and reaching from the Seneca river 
to the Mohawk river at Utica, will be completed and in a naviga- 
ble state. Thus, in less than two and a half years, canals to the 
extent of one hundred and seventeen miles will be perfected ; 
and, as the eastern and western sections of the canal from Lake 
Erie to Hudson river will be about two hundred and sixty miles, 
it is evident that, by the application of similar means and the 
exertion of similar powers, the whole of this internal navigation 
can be finished in six years from the present period, including 
:i!so the improvements essential on Hudson river, from Fort 
Edward to the head of sloop navigation. It is satisfactory also to 
know that, so far as we can judge iiom the lights of experience, 
the actual expenses have not exceeded the estimates of the com- 
missioners .- And, vvith all the advantages arising from increased 
knowledge, from improved skill and from circumspect experience, 
Ave are tirnily persuaded, that the aggregate expense v»'ill fall short 
of the total estimate. It is also a most gratifying consideration to 
lind, from the progressive and flourishing state of the fund appro- 
priated to this object that the whole undertaking can be com- 
pleted without providing any auxiliary resources, and without 
imposing any taxes on the community. From the commence- 
ment of the next year, the finished portions of the canals will bo 
in a state productive of considerable revenue. 

B}' the act respecting navigable communications between the 
great western and northern lakes and the Atlantic ocean, passed the 
I5th April, I8l7, the commissioners are only empowered to 
make canals between the Mohawk and Seneca rivers, aid between 
Lake Champlain and the Hudson river. Possessing, however, 
under that act and the act to provide for the improvement of the 
internal navigation of the state, passed the 17th April, 1810, 
authority to make the necessary surveys and to lay out the pro- 
per routes for the whole of the. Western and Northern canals, 
they have not overlooked the latter, although their attention has 
been principally devoted to the former object. By that initiatory 
arrangement, it was obviously the intention of the legislature to 
bring the calculations of the commissioners to the touchstone of 
experiment and to determine whether the resources of the state 
are adequate to the whole operation. 

This trial has taken place in the most satisfactory manner, and 
there cannot exist a doubt of the feasibility of the work or of the 
ability of the state. It is therefore highly expedient that a law 
should be passed, during the present session authorising the com- 
pletion of the whole work as soon as possible. In the course of 
this year the routes can be then so far definitively settled as to 



DE WITT CLINTON. 153 

enable the rormation of contracts to take effect In the spring of 
1820, by which means a whole year will be saved to the opera- 
tion, and the state will have the benefit of experienced contrac- 
tors, who might, under a different state of things, be employed ia 
other undertakings. And, whert we contemplate the immense 
benefits which will be derived from the consequent promotion of 
agriculture, manufactures and commerce ; from the acquisition ot 
revenue; from the establishment of character and from the con- 
solidation of the federal union, we must feel ourselves impelled 
by the most commanding motives, to proceed in our honorable 
career, by perfecting with all possible expedition this inland navi- 
gutiori. 

At the present period a ton of commodities can be conveyed 
from Buffalo to Albany by land for $100, and to Montreal, princi- 
pally i)y water, for $25. Hence it is obvious, that the whole of 
the vast region to the west of that flourishing village, and the 
greater part of the extensive and fertile country east of it, are 
prevented from sending their productions to our commercial empo- 
rium and that they must either resort to the precarious markets 
of Canada, or to places more distant, less accessible or less advan- 
tageous. When the great Westerti Canal is finished, the expense 
of transportation from Buffalo to Albany will not exceed $10 a 
ton. Almost the whole of the ascending trade of the west will 
be derived from the city of New-York, and a great portion of the 
descending products will accumulate in that important depot. If 
half a million of tons are, at the present period transported on 
the waters of the Hudson river, it is reasonable to suppose that 
the time is not distant, when the commodities conveyed on the 
canals will be equal in amount. A small transit duty will conse- 
quently produce an immense income applicable to the speedy ex- 
tinguishment of the debt contracted for the canals, and to the pro- 
secution of other important improvements. 

In these works, then, we behold the operation of a powerful 
engine of finance, and of a prolific source of revenue. 

It is certainly more important that the productive classes of 
society should have good markets, out of the state, than that they 
should be exclusively confined to indifferent or fluctuating markets 
in it. In the former case, wealth is diffused over the whole coun- 
try, while in the latter, it is limited to a very few towns. A wise 
government ought to encourage communications with those places, 
where the farmer and manufacturer can sell at the highest, and 
buy at the lowest prices. And. as the acquisition of many mar- 
kets increases the chances of good ones, and diminishes, m many 
instances, the expenses of transportation, and guards against the 
pernicious fluctuations of price, I look forward with pleasure to 
the speedy arrival of the time when the state will be able to im- 
prove the navigation of the Susquehannah, the Allegany, the Ge- 
nesee and St. Lawrence, — to assist in connecting the waters of the 
great lakes and of the Mississippi ; to form a junction between the 

20 



151 governors' speeches 

Western Canal and lake Ontario by the Oswego nver, and to 
promote the laudable intention of Pennsylvania to unite the Seneca 
lake with the head waters of the Susquehannah. 

But there are other and more important considerations con- 
nected with this subject which enter into the very essence of our 
liberty and prosperity. The gloomy 'and comfortless doctrine, 
which supposes man incapable of free government, necessarily 
implies that he must be subject to a bad one, because it pre-sup- 
poses his utter incompetence to govern either others or himself. 
In hereditary or elective monarchies, and indeed in all govern- 
ments not founded on the broad basis of equal representation, 
the actual ruler is the prime minister of the day, elected by the 
prince from time to time to govern the country. Whether this 
right of choosing be vested in an hereditary elector, or, in an elec- 
tor fur life, appointed by a diet or conclave, or, in an elector 
chosen by Janissaries, it is clear that it is a faint recognition of the 
representative principle transferred from the body of ihe people 
to an irresponsible individual, totally unfit, from his situation and 
education, to exercise it with patriotism and intelligence. Who 
then can doubt the superior excellence of a free government, its 
entire accordance with the dignity of man, and its almost exclu- 
sive devotedness to his happiness ? But in the United States our 
liberty and our union are inseparably connected. A dismember- 
ment of the republic into separate confederacies, would necessa- 
rily produce the jealous circumspection and hostile preparation of 
bordering states ; large standing armies would immediately be 
raised ; unceasing and vindictive wars would follow, and a mili- 
tary despotism vvould reign triumphant on the ruins of civil liberty. 
A dissolution of the union may therefore be considered the na- 
tural death of our free government. And to avert this awful 
calamity, all local prejudices and geographical distinctions should 
be discarded, the people should be habituated to frequent inter- 
course and beneficial inter-communication, and the whole repub- 
lic ought to be bound together by the golden ties of commerce 
and the adamantine chains of interest. When the Western Canal 
is finished and a communication is formed between lake Michigan 
and the Illinois river, or between the Ohio and the waters of lake 
Erie, the greater part of the United States will form one vast 
island, susceptible of circumnavigation to the extent of many- 
thousand miles. The most distant parts of the confederacy will : 
then be in a state of approximation, and the distinctions of eastern 
and western, of southern and northern interests, will be entirely 
prostrated. To be instrumental in producing so much good, by 
increasing the stock of human happiness ; by establishing the 
perpetuity of free government, and by extending the empire of 
knowledge, of refinement and of religion, is an ambition worthy : 
of a free people. The most exalted reputation is that which, 
arises from the dispensation of happiness to our fellow creatures, 
and that conduct is most acceptable to God which is most beneh- 



1>E WITT CLINTON. 155 

cial to mnn. Character is as important to states as to individuals, 
and the glory of a republic founded on the general good, is the com- 
mon property of all its citizens. 

Important, however, as these improvements are, yet they ought 
not to engross all our attention nor command all our resources. 
There are other objects of primary consequence which demand 
ihe munificence of the government, and I am happy to say that 
ample means are at our disposal. 

The fund appropriated for the benefit of common schools, con- 
sists of a million of dollars, invested in bank stock, and in bonds 
and mortgages, and about 80,000 acres of land. Heretofore, $60,- 
000 have been annually divided among the common schools, and at 
the present period ^70,000 may be distributed ; but it is supposed 
that this cannot be done nith propriety, in consequence of the va- 
rying and increasing state of our population, until a new census is 
taken. There is also a considerable fund denominated the litera- 
ture fund ; and the Regents of the University distributed, during 
the last year, among several academies, the sum of ^4000, which 
they will be able to continue. 

Without adverting to a million of acres of unappropriated land, 
some of which is very valuable, and the whole of which is compe 
tent to the extinguishment of the public debt, it is sufficient to ob- 
serve, that the surplus of ordinary revenue beyond the current 
demands of government for the present year, will be about ^90,- 
000, which will be augmented by the payment of the arrearages of 
taxes, ^70,000, and also by the payment of the debt due from the 
United States : so that, without taking into view large sums of money 
which may come into the treasury from other sources, there will 
be, in all probability, $300,000 applicable to objects of public utility. 

The legislature having deemed it expedient to apply the avails 
of certain lotteries to the encouragement of education, and other 
beneficial purposes, it was not without extreme regret that I have 
observed the credit of those institutions seriously impaired. As 
the payment of prizes is guaranteed by the state, and is not limited 
as to time, it is hoped that the public confidence will be completely 
restored under the administration of the present managers. In 
order to promote this desirable end, and to mitigate, as far as pos- 
sible, the demoralizing effects of lotteries, (which can only be ac- 
complished by rapid drawing) and to guard against fraud and negli- 
gence, 1 have caused certain instructions to be communicated to the 
managers, a copy of which will be laid before you ; and it will be 
expedient for you to protect the lotteries against the control of con^ 
tractors, by means which will be suggested, Rnd which will be 
efficacious. 

Having on a former occasion solicited the attention of the legis- 
lature to the encouragement of agriculture, I have to express my 
regret at the failure of a measure generally admitted to be proper 
aad expedient, on account of a difference of opinion as to its modi- 
fication. That this important pursuit is the foundation of wealth. 



lo6 GOVERiVOlia' SPEECHES. 

power and prosperity ; that it requires the energies of the mind as 
well as t!ie labors of the body ; that it demands the light of science 
to guide its progress, and the muniticence of government to accele- 
rate its movements, tq extend its usefulness, and to diffuse its bles- 
sings, are positions which cannot be controverted. 

Why should the countenance of the state be required for the 
encouragement of the arts and sciences in general, and agriculture, 
the most important of all arts, the most useful of all sciences, be 
alone proscribed from the participation of its bounty ? 

A spirit favorable to this great improvement is rising and spread- 
ing in all directions, and wherever it is experienced it carries in 
its train extensive and innumerable blessings. The societies already 
instituted have, by stiraulnling emulation and diffusing information, 
effected great good ; apd if they be assisted in their useful and hon- 
orable career, by pecuniary appropriations, and if aboard of agri- 
culture, connected with a course of appropriate studies, be institu-^ 
ted, we have every reason to believe that the most beneficial con- 
sequences will result in multiplying the productj! of the country ; 
in increasing the value and ameliorating the quality of our com-r 
modifies ; in preventing the undue augmentation of the learned 
professions, and in maintaining the equilibrium of society, by re- 
storing the most important interest and the most numerous calling 
to its merited intellectual rank. The Board of Agriculture ought 
also to be invested with authority to make a statastical survey of the 
state, and to obtain periodical returns of births, marriages, and 
deaths. A knowledge of our resources, of our animal, vegetable, 
and mineral productions, of the condition of our agriculture, manu- 
factures, and trade, and, generally speaking, complete information 
of the state of the country with a view to its melioration, would ef- 
fect great improvements in the practical pursuits of life, and would 
open new and important view^ in the science of political philoso- 
phy ; a science of all others the most interesting and the least un- 
derstood The special designation of a fund for these objects^ 
either by some of the expedients proposed at the last session, or 
by others w.hich can be easily devised, is required by every con- 
aideraiion of public spirit and public duty. 

in connection with this subject it is proper to remark, that the 
reputJ^tion of our flour is at such a low ebb in the foreign markets, 
that it sells from phto $2 less per barrel than that exported from, 
Philadelphia and Baltimore. This cannot be imputed to the infe- 
riprity of the seed, to the sterility of the soil, or to its natural inapti- 
tude for such productions. On the contrary there is reason to be- 
lieve that wheat is one of our indigenous plants, and we are certain 
that our soil and climate are admirably adapted to its growth. The 
fault must be with the farmer, the manufacturer, or the inspector. 
The value of a bushel of wheat for the last ten years has averaged 
from one and a half to two dollars, and the flour inspected in the 
port of New- York is about 300,000 barrels a year. The immense 
loss sustained by the bad state of this staple commodity requires 9M. 



DE WITT CLINTON. 157 

.;ihciont remedy. The chamber of commerce of the city of New- 
Vork have instituted an inquiry on this subject, and their com- 
mendable zeal will, I am persuaded, prove honorable to their in- 
stitution, and beneficial to their country. 

As the prosperity of agriculture is essentially connected with 
easy and cheap means of transportation, the importance of good 
communications, by land or by water, cannot escape your atten- 
tion. All roads leading to navigable rivers and lakes ; to citie?, 
towns and villages ; to manufacturing establishments and deposito- 
ries of produce and merchandise, are entitled to your countenance ; 
and in places of a different description, where a thin and com- 
mencing population prevents the extensive and useful applicatioa 
of individual exertions, there is every inducement on your part 
to encourage the growth and settlement of the country, by open- 
mg the means of communication. The improvement of old, and 
the creation of new roads, is at all times an incumbent duty, and a 
beneficial exercise of power. It cannot have escaped your ob- 
servation, that in many instances the worst highways are in the 
most ancient and opulent settlements ; that several turnpikes have 
injured instead of tacditated intercourse, and that the laws on this 
subject do not reach the sources of the evil. In our zeal, 
however, to establish new and good roads, in different sections of 
the country, let us not transcend the limits of private right and 
public utility. It is a novel, and to say the least, a questionablri 
exercise of authority, to coerce contributions to the stock of turn- 
pike companies, and it is apprehended that cases have occurred 
where meritorious settlers and non-resident proprietors have 
grievously suffered by the exaction of assessments to open com- 
munications artfully contrived for the benefit of individuals, with- 
out any view to the public accommodation. 

The provision for elementary instruction is so liberal that no fur- 
ther pecuniary assistance is required, but your interposition in other 
respects would be attended with decided advantages. The most 
durable impressions are derived from the first stages of education. 
Ignorant and vicious preceptors, and injudicious and ill arranged sys 
terns of education, must have a most pernicious influence upon the 
habits, manners, morals, and minds of our youth, and may vitiate 
their conduct through life ; and it is f subject no less of regret than 
astonishment, that, beyond initiatory instruction the education of 
the female sex has been utterly excluded from the contemplation 
of our laws. The expediency of instructing teachers in the Lan- 
casterian system, and of promoting ife general adoption, has hith- 
erto been intimated to the legislature. 

When it is considered that education is the guardian of liberty 
and bulwark of morality, and that knowledge and virtue are, gen- 
erally speaking, inseparable companions, and are in the moral, 
what light and heat are in the natural world — the illuminating and 
vivifying principles ; I trust, that I need no apology in soliciting an 
extension of your patronage to the higher seminaries of education 



158 governors' speeches. 

In the year 1814, a grant of ^200,000 was made to Union College ; 
of ^40,000 to Hamilton College, and of the Botanic Garden on 
on the Island of New- York to Columbia College, on condition 
that the establishment be removed to that place within twelve 
years from the time of the donation. It was undoubtedly intended 
that the grant to Columbia College should be substantial and bene- 
ficial, but it was fettered with a condition under the mistaken im- 
pression that a removal of the institution would be expedient. 
The operation of this change of place would be the conversion of 
a city, into a country college, and a consequent exclusion of the 
youth of the city of New -York from its benefits, unless they in- 
curred great and unnecessary expense. And as many persons 
prefer the education of their children in cities, it is unquestiona- 
bly best that Columbia College should continue in its present 
position, in order that all young men of the state may be accom- 
modated according to the views of their parents. A compliance 
with the condition of the grant ought therefore not to be expected ; 
and it is hoped that the legislature will look with a benign eye up- 
on that ancient and most excellent seminary, and consent to extend 
its blessings by the substitution of an equivalent donation. 

Nor ought the interests of the other colleges to be overlooked. 
The character of Union College cannot be increased by any eulo- 
gium from this place. And the infant establishment of Hamilton, 
rising into usefulness and reputation with rapid strides, under the 
guidance of distinguished men, not only requires but deserves the 
bounty of the state. Having during the last year recommended to 
your patronage the Colleges of Physicians and Surgeons, and the 
societies devoted to literature, science, and the arts, I have only 
to say that these institutions continue to merit by their indefatiga- 
ble activity, well directed industry, and distinguished knowledge, 
the high character then ascribed to them, and that, in every re- 
spect, they are entitled to the public munificence. 

Among the numerous and interesting objects which have expe^ 
rienced the benevolence of individuals and the countenance of 
the government, it is pleasing to observe that the interests of the 
dumb and the insane have not been overlooked ; two unfortunate 
descriptions of our fellow creatures shut out from the blessings of 
social communion, and entitled to our deepest sympathy, 

The liberal grant of ^10,000 a year to the governors of the 
New- York Hospital, has enabled them to erect a most spacious 
and accommodating asylum for lunatics, about seven miles from 
the city, and on the Island of New-York ; and the application of 
this fund has been so judicioual} directed by its benevolent admin- 
istrators, that the contemplated edifices and accommodations will 
be completed during the next season, and without the existence 
of any debt after the expiration of fifteen years. 

In April, 1817, the New- York Institution for the instruction of 
the deaf and dumb was incorporated, and it now contains thirty-two 
persons in a state of rapid improvement, communicating ideas by 



DE WITT CLINTON. 159 

signs and vocal sounds, and favored with able and excellent teach- 
ers, who by a combination of the French and English systems of 
tuition, conceived with singular ingenuity and executed with ad- 
mirable felicity, have deserved well of the friends of humanity. 
I cherish the fullest contidence that you will take this interesting 
establishment under your special protection, and that your munifi- 
cence will only be exceeded by its merits. A liberal portion of 
the school fund applicable to the city of New-York is one of the 
many means by which its exigencies may be supplied. 

In attending to the general interests of the community, let us 
not overlook the concerns of two unfortunate races of men, who 
will be forever insulated from the great body of the people, by 
uncontrollable circumstances, and who ought to receive our pro- 
tection and benevolence. 1 refer to the Indian and African popu- 
lation. 

The erratic and migratory spirit, which marks the character of 
all savage nations, has been cherished in our Indians, by persons 
either interested in removing them from their territory, or who 
feel an anxiety to protect them from the contaminating and extirpa- 
ting contiguity of a white population. On the other hand, this 
propensity has been counteracted by indixiduak who either derive 
emolument from their continuance, or, 'ivho, governed by the pu- 
rest benevolence, are anxious to bring them wthin the pale of ci- 
vilization and Christianity. This collision has produced a state of 
continual uneasiness and agitation among this infortunate people. 
As experience has almost uniformly demonstr£fed that their dimi- 
nution in number, and recession from virtue, have been in pro- 
portion to their propinquity to a civilized people, I have never 
ceased to believe that their departure is essential to their preser- 
vation : But in my communications withjthem, I have thought it 
proper, until the sense of the legislature is expressed, to abstain 
from urging this measure, leaving it to their own volition, with- 
out pressing upon them the influence of the government, and as- 
suring them that, in any alternative, they shall experience the 
favor and protection of the state, and its best exertions for their 
happiness. 

In pursuance of a law of last session, I autl\orised measures to 
be taken for the erection of a church in the Oneida territory, 
which were gratuitously executed by two distinguished gentlemen 
of Oneida county. The first christian party of Indians agreed to 
increase the sum of four thousand dollars heretofore appropriated 
by the second christian party, by adding a thousand dollars from 
their annuity : And both sections having also united in designa- 
ting the site of the edifice, it is to be hoped, that the feuds which 
have heretofore separated them, will be extinguished by the mild 
influence and benign spirit of Christianity. 

During the continuance of this people among us, it will certain- 
ly be our duty to protect them against frauds and intrusions, and 
to make such arrangements as may best promote their welfare. In 



IGO governors' speeches. 

their partial sales which frequently take place, of their territory, 
it might be useful to reserve certain portions for advancing their 
improvement in the arts of civihzed life ; and it may essentially 
accommodate them, if, in cases of emergency, particularly of 
scarcity, the treasury were authorised to pay their annuities in ad- 
vance. It is the opinion of many pious and benevolent men, who 
have directed their attention to this subject, that the condition of 
the Indians might be immeasurably ameliorated, by the establish- 
ment of a board of commissioners, selected from the different re- 
hgious societies, who have manifested an interest for their welfare, 
and with authority to take into consideration, all matters relating 
to the Indians in this state ; to investigate their situation and wants ; 
to redress their grievances ; to diffuse among them education, agri- 
culture, morality and religion, and to recommend to the legislature 
the adoption of such measures as shall be most conducive to the 
attainment of these desirable objects. 

Our code, in rtlation to the African population, has been arrang- 
ed with a two-fold view ; as a requirement of humanity to prevent 
the separation of near relations, and their being conveyed in a state 
of slavery to distan. lands, by prohibiting the expoftatioti of slaves 
and servants : Anc, as a dictate of policy to preclude the increase 
of an unwelcome p)pula'.ion, by interdicting their importation. A 
steady adherence io this system will, in course of time, have the 
intended effect : Aid it may be proper to fortify the existing pro- 
visions, on accoun' of the artful evasions which are practised to 
procure the exportation of servants. The strong propensity of 
this race to congre;ate in our great towns, where they are pecu- 
liarly exposed to 1he contagion of bad example, and the degraded 
light in which thej are cantemplated by public opinion, must not 
lead us to expect from them many exhibitions of extraordinary 
virtues or talents. It is Jue, however, to justice, to say, that the 
establishment of schools and churches, for their benefit, under the 
auspices of benevolent meu, have had a benign influence in the 
improvement of their m nds and their morals ; and it is believed 
that the benevolence of the state will never be withheld from the 
encouragement of such laudable undertakings. 

Although the miliaacode enacted at the last session is, in some 
instances liable to objections, and requires your correcting inter- 
position ; yet en ttie T\hole, it has been productive of salutary 
effects. In order to accommodate, as far as practicable, our ar- 
rangement to the ffost approved system, I constituted two bri- 
gades into a division, and distributed the whole militia into twenty- 
live divisions, independently of those of artillery and cavalryj 
The generals of division, who were in many cases before mere 
nominal officers, on account of the extended sphere of their com- 
mands, are now enabled, withowt essential sacrifices, to direct their 
attention to their duties, and, by the exertion of their experience 
and skill, to promote the knowledge of the military art. A dis- 
position to improve in tactics and discipline has generally mani- 



DE WITT Clinton; 161 

iestefl itself during the last year, in a manner and to an extent 
which reflects honor on the militia. Fully persuaded, that you 
justly appreciate this bulwark of national safety, and this palladium 
of free states, I consider it unnecessary to press the importance of 
its encouragement. If the physical force of the state were pro- 
perly instructed in the military art, it would form an impregnable 
defence of the country : and, I do not despair to see the accom- 
plishment of this desirable object, by the establishment of military- 
schools, and by the extension of beneficial immunities. An ex- 
emption from personal taxation, either wholly, or to a limited 
amount, in favor of those portions of militia, who uniform them- 
selves in fabrics of American manufacture, would, I am persua- 
ded, induce the whole body to array themselves in a military dress ; 
and, by these means, that most useful class of the community em- 
ployed in manufactures would be materially benefitted. On the 
subject ot the medical staff of the militia, I shall direct to be laid 
before you a luminous report from the distinguished gentleman 
who presides over that department. 

The embarrassments arising from the disordered state of our 
currency haVe increased, instead of diminishing, since I had the 
honor to address the legislature on the subject. The vast excess 
of paper above metallic money, at least treble in amount — and the 
constant demand for the latter have produced a state of alarm and 
anxiety and have created great distress, nofonly in the mercantile 
cities, but in all the departments of productive industry : and 
unless efficient preventives are adopted and suitable remedies ap- 
plied, the evil will be in a state of progressive augmentation. 
The supplies of the precious metals have decreased, in consequence 
of the agitations in South America, and our metallic money is con- 
tinually diminishing by its conversion into articles of luxury and 
accommodation, and by vast exportations to Asia. On the other 
hand, paper money is augmenting, by the improvident conduct of 
the governments, in the creation of banking institutions ; for every 
new bank will increase the quantity of paper money by a forced 
circulation of its notes. A proposition to invest banks with the 
power of coining money would have no advocates, and yet it might 
not be so pernicious as the autharity already granted of emitting 
bank notes : for, in the former case, the money would have in- 
trinsic value, and its emissions would be limited by the ability of 
the banks to procure the precious metals ; and in the other, its 
value would depend upon the mode in which these institutions 
were estabUshed and administered, and the extent of their issues 
might be their ability to obtain the engraving materials. To ar- 
rest the progress of evils so alarming will require the cordial and 
energetic co-operation of the people and their governments. If 
we return to the observance of that economy and simplicity most 
becoming the dignity of freemen, we may confidently calculate upon 
being rescued from this unenviable situation. Having uniformly 
opposed the muUiplicatign of banks, I now only ejcpr^ss opiojon^ 

21 



]62 governors' speeches. 

formed for many years after mature deliberation, and which are 
every day sanctioned by the progress of time and the voice of ex- 
perience. 

The state of our penitentiaries requires your seticus conside- 
ration, and must excite your sincere regret. As the only legiti- 
mate object of punishment is to prevent crime, by reibrming the 
offender, by incapacitating him from perpetrating future mischief 
or by deterring others by the infliction : and, as none of these 
consequences have resulted, the failure must be imputed to the 
system, its defective arrangement, or improper administration, 
As it has succeeded in other places, and is strongly recommended 
by the voice of reason, as well as humanity, the fault must be as- 
cribed to other causes than to the system itself. In order to re- 
form an oflender, he must be placed beyond the influence of bad 
advice and example, his mind and his passions must be disciplined 
by intellectual, moral and religious instruction ; and he must be 
subjected to privations, to labor and solitude : and in order that his 
punishment may have effect on the conduct of others, it is equally 
necessary that it should be certain, and that its realities should be 
unquestionable. On the present plan, there is no classification of 
ao-e or crime. Each apartment is calculated for about eighteen 
persons. All descriptions of convicts are crowded together with- 
out distinttion — the young and the old — the healthy and the un- 
healthy — the novice and the adept in crime : and here the harden- 
ed offender boasts of his vices, unfolds his expedients, and com- 
pletely eradicates every remaining impression of rectitude. Such 
is the perversity of human nature, that a man, destitute of virtue, 
will be vain of his vices, and as a spirit of proselytism prevails 
among the wicked as well as the good, our penitentiaries become 
schools of turpitude, in which profligacy is inculcated in its most 
odious forms and in all its terrible enormities. 

Oflenders having thus the amusements of society, being exempt 
from grievous privations and severe labor, and entertaining a per- 
suasion that the increasing influx into the prison must soon re- 
lease them from confinement, view their punishment without terror, 
and return into society with corrupt principles, with depraved feel- 
ings, and with every disposition to renew their crimes. Hence we 
sometimes see offenders imprisoned on a third conviction ; and fre- 
quently, the day of their release by pardon, or expiration of sen- 
tence, witnesses their apprehension for new offences. 

In consequence of the crowded state of the prisons the execu- 
tive is reduced to this dilemma, either to exercise the pardoning^ 
power to a pernicious extent, or to witness the destruction of the 
whole penitentiary system. He is also frequently deceived by mis- 
representation ; and pardons are sometimes granted to the worst on 
the recommendation of the best men in the community, who, ia 
listening to their sympathy, lose sight of their patriotism, and who 
submit themselves to the influence of a sickly and fastidious hu- 
manity, which confines it» view to the offender, and does 



DE WITT CLINTON. 163 

not perceive in his punishment, the establishment of general 
security. 

Another effect is inevitable. Instead of rendering labour pro- 
ductive, and maintaining the establishment without expense to the 
state, appropriations for its support are annually called for, and are 
in a state of constant accumulation. 

In November last there were in the state prison at New- York about 
G03 convicts, of whom 410were convicted of grand larceny, and 30 
for offences relating to the counterfeiting and uttering bank notes. 

There were, at that time, in the State Prison at Auburn, about 
131 convicts, of whom 50 were confined for grand larceny, and 36 
for counterfeiting and passing bank notes. 

The total number in both prisons was 734, and the offenders 
guilty of grand larceny, and counterfeiting and uttering bank notes, 
were 582, leaving only 152 convicted of other crimes. 

As one main source of the evil is the inordinate number of pri- 
soners, an efficacious remedy might be administered, by reducmg 
(he number of those confined for grand larceny, and offences against 
banks. 

If solitary cells for the punishment of offenders below the degree 
of ^rand larceny were established in the counties ; and if stealing, 
below the value of fifty dollars, was considered petit larceny only, 
it is believed that our penitentiaries would be relieved frqm the 
great crowd which destroys their usefulness, 

A law was passed in Lower Canada, in 1811, providing against 
counterfeiting the bank paper of other countries, and against mak- 
ing the materials for that purpose, which renders the offenders li- 
able to punishment, by imprisonment, whipping and the pillory. 
Notwithstanding that statute, and the good disposition of that go- 
vernment to suppress the crime, it is certain that the counterfeiting 
of our bank paper is principally carried on in a remote part of that 
country, at a distance from the coercion of the magistracy. 

Offenders of this description may be classed as follows : — 
Ist. The engravers of plates, makers of paper, and 3igner3 of notes, 

who generally reside out of our jurisdiction. 
5d. Messengers, who are constantly passing from various parts of 

the country to the seat of counterfeiting, to obtain spurious mo« 

ney and convey it to places of deposit. 
3d. Those who keep places of deposit, generally in the vicinity of 

large towns, and who deliver the bad notes to others to pass, 
4th. Utterers of counterfeit money. 

As these crimes are of different enormity, they ought to be sub- 
ject to correspondent punishments. And if the counterfeiters, and 
proprietors of the depositories were treated with the utmost severi- 
ty, it is beheved that these offences would be much diminished, 

I shall cause the statute of Lower Canada to be laid before you ; 
trad if a similar act were passed in this state, it might facilitate such 
arrangements between the two governments as would effectuaHj 
crush the eril io its incipient stage*, 



164 governors' speeches. 

It is essential that our prisons should be so constructed as to sub- 
ject convicts to complete and constant inspection. Each offender 
should have a separate dormitory. And as in the day time, the pri- 
soners would be employed in labor and under the eye of the keep- 
ers prevented from speaking to each other, and be in the night time 
in a state of insulation, punishment would be appalling, and cleanli- 
ness, order, and regularity would predominate ; and, as no conspi- 
racies could be formed, no riots or insurrections would occur, and 
no military guard would be required. A multiplicity of pardons 
would be rendered unnecessary by the improved condition of the 
prisons ; and the prerogative of mercy might be restrained within 
salutary limits, by rendering it the duty of the district attorneys to 
transmit, after the adjournment of every criminal court, a detailed 
statement of the case of every convict to the executive, for his in- 
formation. 

In the course of the last year a serious insurrection took place 
in the state prison at New-York, and at various times a refractory 
spirit has been manifested, injurious to discipline, destructive of 
the public property, and subversive of the very ends of the estab- 
lishment. This dangerous spirit ought to be crushed, by the in- 
fliction of exemplary punishment ; and the inspectors ought to be 
expressly armed with power to compel obedience, in defiance of 
all consequences. In considering these subjects, there are several 
minor arrangements which may be suggested as proper. In case 
no contract can be made for the supply of the state prison, or, in 
case of disadvantageous offers, a discretionary power for obtaining 
supplies ought to be vested in the inspectors. No authority has 
been given for disciplining the militia guard attached to the state 
prison in New-York. The inspectors of the two penitentiaries 
hold their offices under distinct authorities, and it is difficult to dis- 
cover any good reason for the discrepance. When revising and 
perfecting this code, it would be advisable to combine it in one sta- 
tute. 

There is no question but that if the laudable efforts of .the soci- 
eties instituted in various parts of the country for the suppression 
T)f vice, and the promotion of morality, were enforced by addition- 
al! and powerful sanctions, many of the crimes which fill our pri- 
sons with unhappy offenders, would not be perpetrated. In the 
resorts of gambling, drunkenness, and prostitution, we must look 
for the sources of those crimes, which poison the peace of families 
and violate the good order of society. 

The statutes passed at the last session, for limiting the number 
of magistrates, extending the jurisdiction of the inferior courts, 
and restraining abuses in the practice of the law, have been at- 
tended with salutary effects. And other important subjects will 
undoubtedly present themselves in the course of your delibera- 
tions, which may require your attention. Permit me to mention, 
at this time, the propriety of placing the jurisdiction of the courts 
of sessions in the counties on the same footing as that of the city of 



DE WITT CLINTON. 165 

New-York; anci also, of altering the law on the subject of execu- 
tors and administrators, by giving them time to arrange their trusts 
before the institution of suits ; by abrogating preferences, in the 
payment of debts ; and by facilitating the proving and recording of 
wills, and the sales of real estates. 

After assuring you of my cordial co-operation in all your mea- 
sures, for the public good, 1 shall only detain you from your impor- 
tant duties, by informing you of my proceedings in the execution 
of certain statutes, passed at the last session. I apppointed a com- 
missioner to examine the outlet of Bufl'alo creek, and to report on 
the site, plan, and expense of a commodious harbor for that impor- 
tant place. I have also made a similar arrangement in relation to 
Little Sodus Bay and Great Sodus Bay, on Lake Ontario. Com- 
missioners have been associated with the Attorney General, to per- 
form the duties assigned by the act relative to the claims on cer- 
tain lands in the county of Putnam. And also, with the Surveyor 
General, to lay out the village of St. Regis, and to execute the 
other requirements of the act relating to the lands belonging to 
the people of this state in the St. Regis reservation. 

An agent has been appointed under the act relative to the de 
mands of this state against the United States, and he has been vigi- 
lantly and actively engaged in the performance of his trust, which 
is now in a fair train of completion. The duties confided to me 
by the act entitled " an act of honor to the memory of General 
Richard Montgomery," were executed under a full conviction 
that every great example of heroic virtue ought to be cherished 
as an important acquisition to the honor and dignity of the human 
race. 

DE WITT CLINTON. 

Albany. January 5, J 81 9. 



1QQ governors' speeches. 

On the fourth ddy of January, one thousand eight hundred and 
twenty, the Governor delivered the following 

SPEECH : 

Gentlemen of the Senate and of the Assembly, 

Since the last session of the legislature, the distresses of the 
community have continued to increase ; and in consequence of 
the general uneasiness excited by this unpropitious state of things, 
meetings have been held in various places to solicit your interpo- 
sition. Immediately on the termination of the late war, a fatal 
blow was given to the manufacturing interests by the importation 
of vast quantities of foreign fabrics, neither required by our 
wants nor our comforts. In all sections of the country, and in all 
descriptions of society, the progress of extravagance and luxury 
has been alarming. In individuals, expenditure has exceeded in- 
come ; and in our collective capacity, as a nation, the aggregate 
value of our exported productions has been greatly inferior to the 
cost of foreign commodities. The demands of foreign markets 
for the products of agriculture have been diminished by a state of 
general peace ; and the pernicious multiplication of banking insti- 
tutions, and the inordinate diffusion of a paper currency, have 
produced the most serious calamities. In cases of this description, 
government may alleviate, but can never remove the evils. The 
conservative power over the general good is at all times vested in 
the great body of the people : and in the present crisis, it consists 
most emphatically in the retrenchment of our expenses, and in 
the augmentation of our industry. The sources of the prosperity 
of nations, as well as of the happiness of individuals, must be form- 
ed and cherished at home. The season of suffering cannot, how- 
ever, be of long duration. A vast capital, now unproductive and 
unemployed, will soon be applied to animate the efforts of useful 
industry : and the renovating power, and enterprising spirit of 
our country, must predominate over the obstacles which have con- 
spired to check its prosperity. Whatever measures you may 
adopt, will, 1 am confident, be marked by a sacred regard for pri- 
vate right and public utility. And I would suggest to you whether 
a portion of our funds might not be usefully employed in loans for 
the purpose of alleviating the pressure on the community. 

The favorable condition of the treasury and the high credit of 
the state are equally a subject of congratulation. With the con- 
tinuance of our present system of finance, we will, I am persuaded, 
be enabled to defray the expenses of government, to evince the 
usual munificence of the state, and to prosecute our internal im- 
provements without any resort to new burdens, and with a reduced 
rate of interest. 

The law which was passed at the last session for the encourage- 
ment of agriculture, has fully realized the patriotic views of the 



t)E WITT CLINTON. 167 

tegtslature. The institution of a board to superintend that irapor- 
tant pursuit, with authority to receive and communicate useful in- 
lormation, and to dispense the means of valuable improvement, 
will always be considered an important era in our history : and the 
encouragement of local institutions, by the appropriation of a pre- 
mium-fund for the best and most abundant products, has already 
excited an unrivalled spirit of emulation and exertion. Twenty- 
seven counties have drawn from the treasury the monies allotted 
for that purpose, and forty-one have established agricultural asso- 
cialions. The universal interest which this subject has created, 
and the extraordinary benefits which it has dispensed, may be seen 
in the exhibitions and competitions for premiums ; in the combina- 
tions of practical and scientific men ; in the luminoug discourses of 
the presiding officers ; in the vast collections of citizens, at the places 
assigned for meeting ; in the improved quality and increased quanti- 
ty of our commodities; and particularly in such unprecedented and 
abundant products, as to induce a belief that, in some instances, agri- 
culture has nearly attained its utmost perfection, by raising the 
greatest possible quantity of produce at the least possible expense. 
The excellence of this system may, however, be greatly improved 
by extending the duration, augmenting the fund, and enlarging the 
power of the superintending board. A statistical survey, describing 
the actual condition, and developing the possible improvement of 
the state, may be easily effected through this institution : and I 
know of no measure better calculated to promote our cardinal in- 
terests ; to encourage our agriculture, manufactures, and trade ; to 
illustrate our resources ; to advance natural science and political 
philosophy ; and to elevaie the character of our country. 

Experience has evinced the precarious and fluctuating nature of 
foreign markets for the disposal of our products. Even in the most 
prosperous times of our commerce, and in seasons of the greatest 
foreign demand, there was at least twice as much grain consumed 
in this state alone as was exported from all the United States. The 
principal surplus of agricultural productions, not required for the 
use of the agricultural interest, must be either consumed at home 
or lost to the cultivator. Foreign commerce may co-operate ia 
creating flourishing Atlantic cities ; but internal trade must erect 
ourtovyns on the lakes and rivers, and our inland villages ; and in- 
ternal trade must derive its principal aliment from the products of 
our agriculture and manufactures. As the protection of the fo- 
reign and of the carrying trade, two of the great branches of com- 
merce, is exclusively entrusted to the national government, the state 
authorities cannot extend their power beyond the encouragement 
of the home trade, by cherishing the agricultural and manufactu- 
ring interests, and promoting the channels of communication ; and 
the co-operation of the general administration, for the attainment 
of these invaluable ends, is, to a certain extent, all-important. 

The reciprocal dependence of the great departments of produc* 
tire iadugtry, is a Tfise dispeniation of ProTidence to extend the 



168 governors' speeches 

sphere of human usefuhiess, to animate and multiply the motives 
for activity, and to cement the fabric of human society, The suc- 
cessful progress of the important channels of communication now 
opening in the state will have a benign influence, not only in pro- 
ducing facility and cheapness of transportation for the proceeds of 
labour, but also in creating markets for their consumption. Alrea- 
dy do we perceive the establishment of villages on the borders of 
the great canal ; and the raw materials of the husbandman, ob- 
tained with comparative ease and cheapness by the manufacturer, 
will be converted into articles of accommodation and comfort. 
This, in time, will establish on a solid foundation, an important in- 
terest, which will use the fruits of agriculture, as well In the fabri- 
cation of commodities, as in the sustenance of human life. And 
thus, by the reciprocal action of benign Influences, the great de- 
partments of productive labor, will harmoniously co-operate in 
creating individual and national opulence. The carriers, buyers, 
and venders of our commodities, will constitute an important class 
in the interior ; and the great accessions to the other professions 
and pursuits, and the general augmentation of our population in 
consequence of our growing prosperity, will enable us to carry on 
a vast system of internal trade, which will in a great measure su- 
percede the necessity of foreign markets. 

The middle section of the Western Canal, including a lateral 
canal to Salina, and comprising a distance of near 96 miles, has 
been completed. On the 23d day of October last, the commission- 
ers navigated it from Utica to Rome, and found their most sanguine 
expectations realized in the celerity, economy, and excellence of 
the execution ; and on the 25th of Novenber the Champlain Canal 
was also in a navigable state. In less .han two years and five 
months 120 miles of artificial navigation have been finished : and 
rhus the physical as well as financial practicability of uniting the 
waters of the western and northern lakes with the Atlantic ocean, 
has been established beyond the reach of doubt or cavil. The ef- 
forts of direct hostility to the system of internal improvements, 
will in future be feeble. Honest and well disposed men who have 
hitherto entertained doubts, have yielded them to the unparallelled 
success of this measure. But as there is great reason to appre- 
hend the exertions of insidious enmity, I consider it my solemn 
duty to warn you against them. As the canal proceeds to the west, 
the country east will of course be accommodated, and in propor- 
tion to its progress to completion, in that ratio will it be considered 
more easy to combine a greater mass of population against its fur- 
ther extension. Attempts have already been made to arrest its 
progress west of the Seneca river, and It is highly probable that 
they will be renewed when the work is finished to the Genesee. 
As the benefits of artificial or improved navigation are rendered 
more obvious by experience, efforts will be made to obtain appro- 
priations for great local accommodations, and while good men will 

QndeaFOi- to acquire them witb honest yiews and for patriotic pux- 



hE WITT CLINTOiX. 169 

pases, they will receive the counten;ince of persons of adifferent 
flescription, who in furtherance of selfish designs will strive to de- 
stroy the great fabric of internal improvements, by withdrawing or 
dispersing the fund appropriated for its support. 

Under a full pciv.uasion that the honor and prosperity of the state 
imperiously demand the completion of the whole of this great work, 
and that if we are just to ourselves and to posterity, it will be el"- 
fected in live years, 1 am happy to assure you that the decided and 
prudent measures of the canal commissioners in October last, are 
in full accordance with these impressions. At that meeting they 
directed that portion of the western section, which extends from 
the Seneca river to Rochester on the Genesee river, and that por- 
tion of the eastern section which commences at the eastern termina- 
tion of the middle section, and reaches to the east side of the Little 
Falls, to be marked out as parts of the Great Western Canal, and 
to be contracted for, as such : and considerable progress has been 
already made in these important operations. 

The whole length of the western section is about one hundred 
and sixty-three miles, and of the eastern about ninety-seven : and 
notwithstanding the disparity of the distance, it is estimated that the 
ex[)ense of each will be about the same, making in the aggregate, 
four millions of dollars. The object and tendency of that measure 
of the canal commissioners must be obvious ; and policy, as well 
as justice, concurred in recommending its adoption. By operating 
in both directions, a solemn pledge is given of our determination 
to finish the canal ; sectional jealousies are allayed ; the advanta- 
ges arising from pecuniary expenditures are impartially dispensed ; 
and every advance of the work, in either way, will facilitate com- 
munication. The completion of tiie middle section has already 
opened markets for a fertile and extensive region. The expense 
of conveying a barrel of flour by land to Albany, from the country 
-about the Cayuga lake, was more than twice as much as the expor- 
tation of one from New-York to Liverpool ; and the difference 
between the former and the present cost of conveyance will not 
only remunerate the manufacturer, but afiord an increased com- 
pensation to the agriculturist, independently of the rise of the 
commodity in value, from its being furnished with a good market. 
It is believed that our Atlantic country will soon be supplied with 
salt from the west, cheaper than from abroad, and the revenue from 
the salt-works, appropriated to the construction of the canal, alrea- 
dy exceeds the most favorable estimates, and shews conclusively 
the importance of this communication to the accommodation of a 
vast country. In the progress of the canal, gypsouji of the best 
quality has been discovered ; and it is ascertained that this region 
contains a sutficient quantity of this invaluable mineral for the sup- 
ply of the whole United States. Heretofore, the principal ingre- 
dients of hydraulic mortar were procured at a great expense from 
abroad for the construction of locks ; but a species of lime-stone 
has been found, dispersed over the whole country, admirably adapt 

22 



170 GOVERNORS^ SPEECHtS. 

ed for water cement, and entirely superseding the necessity of a 
foreign supply. Stone, for the construction of locks, culverts, 
bridges and aqueducts, is also found in abundance : and it is confi- 
dently believed, as well from the geological character of the region 
as from various other indications, that coal will be discovered amply 
sufficient for domestic uses, and manufacturing establishments. 
The animation which thig work, in its present unfinished state, has 
given to our internal trade, cannot be duly appreciated without the 
advantages of personal observation, nor can all its blessings be real- 
ized or displayed, until years of experience have passed away. 

It is a subject of high felicitation to observe the energies of our 
sister states directed in a similar way to the promotion of the gene- 
ral prosperity. The Carolinas and Virginia have adopted wise 
and vigorous measures for the advancement of inland communica- 
tion ; and some of the western states have been equally decided 
and public spirited. An union of the waters of the Illinois river 
and lake Michigan, and a connexion between lake Erie and the Ohio 
in the direction of the Sandusky and Scioto rivers, are seriously 
contemplated. While measures so honorable to our sister states 
must always command our best wishes, and secure our highest ap- 
probation, let us be deeply impressed with the importance of at- 
tending to improvements of a similar character. Communications 
between the waters of lake Ontario and the western canal ; between 
the river St. Lawrence and lake Champlain ; and between the Sus- 
quehanna river and the Seneca lake, will accommodate important 
and respectable portions of our population, deserving, as well from 
their enterprising industry as public spirited character, every at- 
tention from the government. The improvements of the Oswego 
river ; the establishment of a harbour at Buffalo ; and the draining 
of the Cayuga marshes have received that consideration which was 
due to subjects so worthy of the favorable attention of the canal 
commissioners ; and the results of their measures will be commu- 
nicated as soon as possible. 

The board of commissioners, constituted by act of last session, 
to report a plan for improving the navigation of the Hudson river^ 
have attended to the important business assigned to them. The 
low state of the waters was favorable to their operations, and evin- 
ces, beyond a doubt, the necessity of your benign interposition, 
(which indeed cannot be too earnestly inculcated,) as you will per- 
ceive from the proceedings of this board, which will be presentetl 
to you. 

By the act respecting navigable communications between the 
great western and northern lakes and the Atlantic ocean, passed the 
16th April 1817, a tax of ^250,000 is directed to be imposed upon 
the lands lying within twenty-five miles on each side of the canals, 
from the Mohawk to the Seneca river, and from lake Champlain to 
the Hudson. And by the act concerning the great western and 
northern canals, passed on the 7th of April last, this assessment is 
suspended until further order of the legislature. In operations of 



DE WITT CLINTON. 171 

this nature, it must necessarily follow, that particular portions of 
territory will receive extraordinary benefits. But with the aug- 
mentation of their wealth, their ability to contribute to the public 
bui'thens will be proportionally enhanced, and consequently the 
taxes in other places will be correspondently diminished. And it 
is submitted to you whether it comports with the magnanimity of 
government to resort to partial and local impositions, in order to 
defray the expenses of a magnificent work, identified with the ge- 
neral prosperity. 

The improvement of natural and the prosecution of artificial navi- 
gation ought not, however, to divert your attention from the esta- 
blishment of roads and bridges, so much demanded by the wants 
of new settlements, the convenience of all descriptions of people, 
and the primary interests of society. Every judicious improve- 
ment of this nature inereases the value of land, enhances the price 
of commodities, and augments the public wealth, In the varying; 
state of things in new countries, which must necessarily arise from 
the flow of population, the extension of settlements, and the fluctu- 
ation of capital, the application of different measures, at different 
times, may be requisite. A good government will always consider 
with peculiar benevolence the hardships and sufferings of the 
first settlers of a country ; and its disposition to dispense relief 
will only be limited by the great landmarks of justice and public 
policy. 

In order, however, to accomplish important improvements ; to 
advance the great interests of productive industry; to establish 
the means of conveyance by land as well as by water ; to dissemi- 
nate literature and science ; to patronize schools, academies, col- 
leges, and learned institutions ; to promote the views of benevo- 
lence in the administration of healing to the sick, of comfort to the 
poor, and of instruction to the ignorant, it is necessary that a sys- 
tem of economy should be adopted and applied to all the measures 
of government and all the channels of expenditure. Good exam- 
ples ought to emanate from those whom the people have honored 
with their confidence and invested with their authority. Consi- 
dering the reduced prices of all the necessaries and comforts of 
life, and the pecuniary distresses of the times, I think that the pe- 
riod has now emphatically arrived, when no objection ought to be 
made against a reduction of the compensation of the officers of 
government and the members of the legislature. The application 
of economy ought to be general and impartial ; and it is respeci- 
fully submitted to you, whether it be not advisable to shorten 
your sessions, as the expense of the legislative department exceeds 
that of the executive and the judicial combined. And as almost 
all important statutes are passed at the close of your meetings, the 
short interval between that period and the ensuing election, ren' 
tiers it impossible for your constituents to obtain accurate informal 
tion of the character of the laws and the conduct of their repre= 
sentatives, before they are called upon t© pronounce an opinion bf 



172 GOYfcuNORs* speeches: 

their suffrage. tJnder these impressions it ii snggosteil whether 
it would not be expedient to contract the duration of your session 
at least one half, and in furtherance of this important object, whe- 
ther it would not be advisable to omit the answer to the speech of 
the governor. He is required by the constitution to "inform the 
legislature at every session" of the condition of the state so far as 
may respect his department, and to recommend such matters to. 
their consideration as shall appear to him to concern its good go- 
vernment, welfare and prosperity ; and custom has prescribed a 
personal instead of a written communication, perhaps as being most 
respectful to the representatives of the people. But answers are not 
demanded by the constitution, nor by expediency, and besides pro- 
longing the session, and frequently interrupting its harmony, they 
exhibit formality and pageantiy not altogether weH adapted to the 
simplicity of our republican institutions. 

With a view to illustrate the intluence of our improvements in 
the administration of our civil and criminal justice, I have caused 
certain inquiries to be addressed to the clerks of counties and the 
district attornies : and their answers which will be laid before you, 
contain some suggestions of an interesting character on the subject 
of our civil and criminal jurisprudence, and demonstrate the wis- 
dom of the measures which have been adopted. It is certain that 
prosecutions even in justice's courts with enlarged jurisdictions 
have greatly diminished, and that the extortions and oppressions 
of a few who derived their support from the tears of misfortune 
and the calamities of indigence, have been almost entirely suppres- 
sed. And I think it, on this occasion, due to justice to state, that 
the provisions in these cases have received the decided approba- 
tion of the most respectable members of the legal profession. 

In soliciting your attention to the recommendations heretofore 
submitted to you with respect to the amelioration of our peniten- 
tiary system, as well in its organization as its administration, I 
cannot but express my gratification at the arrangements for solitary 
cells, and separate dormitories in the state prison at Auburn. 
Great improvements must be elicited by the lights of experience • 
and we have the satisfaction of knowing that our mild system, with 
all its imperfections, is better adapted to promote the ends of cri- 
minal justice than the sanguinary code which formerly disgraced 
our country. In no country in the world are there fewer robbe- 
ries, arsons and murders, than in this ; and our observation has 
shown, that while it is impossible to extirpate crimes, it is possi- 
ble to diminish their number and to mitigate their ferocity. In 
addition to my former suggestions, permit me to recommend, as 
highly important, a moral classification of criminals with distinctive 
appellations and accommodations, according to their grades of guilt. 
And if the pardoning power be confined to the best of the propo- 
sed divisions, a powerful appeal will be made to the hopes and 
fears, the enjoyments and privations of the prisoners, and a con- 
tinual incentive to reforpiation will be in full operation. 



DE WITT CLINTON. 173 

As our present criminal code does not sufficiently provide against 
Uie consequences which may result from carrying secret arms and 
weapons, whereby human life may be endangered, or destroyed in 
sudfien affrays, or in premeditated injuries, 1 would suggest this 
subject to your consideration with a full pursuasion that it is a 
delicate one, and that unless it is judiciously treated an essential 
right of every free citizen may be impaired or invaded. 

The bank for savings in the city of New-York, instituted at the 
last session, to cherish meritorious industry, to encourage frugality 
and retrenchment, a^nd to promote the welfare of families, the 
cause of morality, and the good order of society, has already manfe 
ifested its claims to your confidence by an accumulation of more 
than one hundred and nfty thousand dollars in small deposits, and 
by shedding a benign influence on society. The application of 
this institution to authorize loans on real estate, as well as any other 
provisions subservient to its salutary objects, will undoubtedly re- 
ceive your sanction. 

Having had an opportunity to judge in a number of cases from 
personal observation of the condition of the militia, it has afford- 
ded me great satisfaction to witness their rapid improvement. 
There are several provisions which might be usefully adopted, and. 
there are some defects with respect to the imposition and collection 
of tines and the dissolution of artillery companies, which require 
your notice. But as the consideration of all subjects relating to 
our physical force will necessarily be submitted to committees, a 
more detailed view can be presented to them, by the appropriate 
departments. At some turnpike gates, toll is demanded from the 
militia when repairing to their places of rendezvous. As this is a 
departure from a general rule, and an unnecessary increase of 
their burdens, I submit it to your consideration whether the evil 
ought not to be removed. 

The pestilence which threatened the health of the metropolis, 
and which had commenced the work of destruction, was arrested 
under the blessing of Almighty God, by the prudent and energetic 
measures of the board of health. A difference of opinion exists, 
and much controversy has taken place with respect to the origin 
and nature of this desease. Without any reference to the merits 
of discordant theories, it is sufficient to observe that all unite in re- 
commending the utmost attention to the purification of our cities. 
For whether the disease emanate from abroad or originate at home, 
it is universally admitted that it is aggravated and extended by the 
want of cleanliness. The establishment of public baths and com- 
mon sewers will have a most salutary influence. A populous city 
like New-York, can never furnish, within its own limits, the sour- 
ces of pure and wholesome water. Aqueducts conveying water 
from a distance have been used in all cities where the public health 
and the general comfort have been duly consulted. At difTereni 
times the river Bronx and the Saw-mill creek in the county of 
Westchester have been explored and examined in reference to the 



174 

accommodation of the city of New-York, and there la Httle douht 
that both if not either of those streams, will be amply suflicient. 
Whatever measures you may devise or whatever assistance you 
can render to promote the health or comfort of that important 
portion of our population, will, I am confident, be cheerfully per- 
formed. 

I present to you my cordial congratulations on the flourishing 
condition of our schools of education and seminaries of learning. 
From the primary institutions where instruction is initiated, to the 
colleges where it is consummated, the propitious influence of 
knowledge is observable. Much indeed has been done to promote 
the interests of education, but in such a cause liberality can rarely 
degenerate into profusion. The stability and duration of repub- 
lican governments depend upon the ascendency of knowledge and 
virtue. The mind duly enlightened, and the heart properly culti- 
vated, can never submit to the dominion of anarchy or despotism. 

While on tlris important subject of instruction, I cannot omit to 
call your attention to the academy for female education, which was 
incorporated last session at Waterford, and which, under the super- 
intendence of distinguished teachers, has already attained great use- 
fulness and prosperity. As this is the only attempt ever made in 
this country to promote the education of the female sex by the pa- 
tronage of government ; as our first and our best impressions are 
derived from maternal affection ; and as the elevation of the female 
chancter is inseparably connected with happiness at home and res- 
pectability abroad, I trust that you will not be deterred by common- 
place ridicule, from extending your munificence to this meritorious 
institution. 

The constitution of this state was formed nearly forty-three years 
ago. And considering the circumstances under which it was esta- 
blished, in the midst of war and commotion, and without the bene- 
fits of much experience in representative government, it is not a 
little surprising that it is so free from imperfection. Attempts have 
been made at various times to call conventions to introduce alera- 
lions, which have only succeeded in a single instance, probably 
from an apprehension that an innovating spirit might predominate, 
and destroy, instead of consolidating this temple of freedom and 
safety. Parlies are the natural offspring of republican government. 
Wherever freedom exists, it will be manifested in differences of 
opinion with respect to the best mode of promoting the public wel- 
fare. And when these contentions spread over society, they form 
parties ; and mingling sometimes with private views and local' in- 
terests, degenerate into fjiction, which seeks its gratification in vi- 
olation of morality, and at the expense of the general good. And 
such is the proneness of human nature to cherish the spirit of con- 
tention, that we often see the continuance of parties after the ces- 
sation of the producing causes. While this state has made rapid 
and signal advances in prosperity, it has been more obnoxious to 
the excitement of party than any member of the federal union. 



I)E WITT CLINTON. 175 

Even during the gloomy periods of the revolution, this spirit was 
exhibited in a rariety of shapes, and since that time it has scarcely 
ever ceased to agitate society. After giving full weight to the ope- 
ration of other assignable causes, we are forced to conclude that 
there is a radical defect in the constitution of our government ; that 
it either wants some essential check agamst the progress of party, 
or that it contains in its arrangements the elements of discord and 
excitement. The assembly, which is the most numerous branch 
of the legislature, and which is annually chosen, elects every year, 
from the senate, four persons who, together with the governor, 
constitute a council of appointment. The offices in the gift of 
this council are remunerated by salaries or fees to the amount of a 
million of dollars annually. Combinations will be formed to obtain 
the control of this enormous patronage. And they will attempt to 
influence in the first place the elections of the people, by dictating 
under the forms and discipline of party ; secondly, the selection 
of the appointing power ; and thirdly the operations of that institu- 
tion. And when no leading measures of the government have been 
impeached, and no important differences of opinion pretended, en- 
deavors are not unusual to cherish the spirit of discord by conju- 
ring up the shades of departed controversy, by appealing to the 
vindictive feelings of disappointment, or exciting the cravings of 
ambition and cupidity. With tliis principle of irritation in our con- 
stitution, the hydra of itiction will be in constant operation, endea- 
vouring to make its way to power, sometimes by open denunciation, 
at other times by secret intrigue, and always by artful approaches. 
The responsibility of public officers, is essential to the due jier- 
formance of their trust, and is demanded by the properties of dele- 
gated power, and the best interests of the community. The coun« 
cil, as constituted, is almost entirely destitute of this essential requi- 
site. The political tranquillity of the state demands a (Triferent 
arrangement of the appointing power. And I have no hesitation 
in recommending a convention for this and such other purposes 
as may be imperatively required by the public welfare. And I do 
this under a full persuasion that the powers of the convention can- 
not transcend the objects committed to their cognizance by the 
concurrent act of the legislature and people : — that the landmarks 
of security to libertj^ property, religion, and life, will be inviola- 
bly preserved and more tirmly established ; and that the measure 
which v^ill be adopted will have a benign influence in preserving 
the harmony of the community, and elevating the reputation of the 
state. 

Your immediate attention in filling up the vacancy in the senate 
is required in consequence of the position of the United States in 
relation to some of the powers of Europe. And while it is under- 
stood to be at all times important to select from our most enligh- 
tened and experienced statesmen for that high trust, it must be ad- 
mitted that it is peculiarly so at the present crisis, whether we re- 
fer to our foreign or domestic concerns. The depression of our 



176 governors' speeches. 

manufactures, the disordered state of our currency, the diiiiinutioii 
of the national income, and the derangement of the commercial 
interest demand the solemn consideration of the national govern- 
ment, and the exercise of the best talents of the country. But 
when we extend our view to our foreign relations and consider the 
points which remain to be adjusted with Great Britain and Spain, 
the importance of a judicious selection is greatly enhanced. The 
pacific policy of the national administration is entitled to our cor- 
dial approbation, for we should be blind to our true interests were 
we to embark in hostilities even with a feeble power, unless a mea- 
sure of this decided character is enjoined by considerations essen- 
tially affecting the honor and welfare of the nation. Every year 
of peace will consolidate our strength, improve our resources, and 
increase our population. And by the uninterrupted progress of 
Our internal improvements, and continued cultivation of our prima- 
ry interests, we shall before a long time present such a formidable 
power, that policy will unite with justice in conceding to us with- 
out the application of force all that we ought to require from foreign 
nations. But if in the mean time aggressions shall be committed 
of such a character that an appeal to the sword is demanded by ir- 
resistible considerations, I trust that there will be an entire union 
of sentiment and exertion in vindication of the violated rights and 
honor of our country. Nor can I conceal on this occasion the deep 
anxiety which I feel on a subject now under the consideration of 
the general government ; and which is unfortunately calculated to 
produce geographical distinctions. Highly important as it is to al- 
lay feelings so inauspicious, and to cultivate thfe most friendly com- 
munion with every member of the confederacy, yet I consider the 
interdiction of the extension of slavery, a paramount consideration. 
Morally and politically speaking, slavery is an evil of the first mag- 
nitude, ; and whatever may be the consequences, it is our duty to 
prohibit its progress in all cases where such prohibition is allowed 
by the constitution. No evil can result from its inhibition more 
pernicious than its toleration ; and I earnestly recommend the ex- 
pression of your sense on this occasion, as equally due to the char- 
acter of the state and the prosperity of the empire. The people 
of the United States are distinguished from all other nations by the 
exercise of the right of self government. Every authority pro- 
ceeds directly or indirectly from their appointment. From the 
primary assemblies of the people in town meetings to the county 
conventions of supervisors, or to the municipal authorities of ci- 
ties or villages, and from their representatives in the state legisla- 
tures, to the delegates of districts or states in the congress of the 
United States, may be distinctly seen the legitimate source of all 
sovereign authority, the paramount ascendency of the people. 
Seated in a country of vast extent, with a fertile soil and benign 
climate, adapted by nature for the display of the faculties and en- 
ergies of man, and holding in their hands the destinies of free go- 
vernment, they are called upon to present a great example for the 



BE WITT CLINTON. i 77 

imltalion of posterity and the benefit of the world io the cultivation 
of religion and morality, in the diflusion of knowledge, in the ad- 
vancement of the arts and sciences, and in the promotion of all that 
can confer honor and happiness on nations. 

But if they shall pursue a different course ; if they shall shut their 
ears against the warning voice of truth, and their eyes against the 
light of experience, and rush precipitately upon the rocks and 
shoals which have hitherto shipwrecked the interests of the human 
race ; then indeed will the hopes of patriotism and the prayers oi 
benevolence be equally unavailing, and the brightest prospects that 
ever opened on the world be extinguished in darkness. Let us re- 
member that in proportion to the extent and population of this 
state, and in proportion to the faculties with which we have been 
endowed by providence, shall we participate in this responsibility ; 
and let it be deeply and indelibly impressed on our minds that we 
can never transmit a great example nor an illustrious reputation to 
future generations, without cultivating with unremitted attention 
and primary devotion, those cardinal interests which constitute the 
happiness of individuals, and the prosperity of nations. 

DE WITT CLINTON. 

Albany, Janiutry 4, 1820. 



On the seventh day of JVovember one thousand eight hundred and 
twenty, the Governor delivered the following 

SPEECH: 

GentlExMen of the Senatk and of the Assemblv, 

On the recurrence of an election of president and vice-presi- 
dent of the United States, the annual meeting of the legislature is 
transferred from its usual period to this time, in consequence of 
the choice of electors by that bodv : and notwithstanding an ad- 
journed session has been considered expedient after the transaction 
of extraordinary business, yet it has been usual for the executive 
to make his communi-^ation at the first meeting ; and as this mea- 
sure is recommended by its salutary tendency, and will enable the 
legislature in the I'ecess to bestow deliberate attention on the sub- 
jects recommended to their consideration, and to consult the sense, 
and understfi-id the views of their constituents, I shall not hesitate 
to comply *vith the customary rule on this occasion. 

In adrerting to the object of this anticipated meeting it will 
readily occur to you, how much better calculated it would be to 
promote economy, and to preserve the purity of republican go- 
vernment, and how much more consonant with the representative 

23 



178 governors' SI>EECH£S. 

principle, ifthc choice of electors were brought nearer Home to tlie 
people. Indeed, it must be considered a striking impcrfeclion in 
the national constitution, that no uniform rule has been prescribed 
on this subject In some states, electors are chosen by the people 
by districts ; in others, by a general ticket : and in a few, by the 
legislature : the last mode is certainly the most objectionable. A 
body not numerous, and selected for several months previous to 
the period of action, is exposed to the operations of intrigae, and 
is not so safe a depository of this great trast, as the community at 
large. In some cases, a minority of the people may choose a ma- 
jority of the legislature. The election of that body in time of 
public tranquillity, nv,»y be made withont much reference to this 
object, ;>nd there is such a considerable intervening time before 
the choice of electors, that a full and fair expression of the pub- 
lic sentiment may not take place, or may be defeated. The peo- 
ple are certainly less liable to improper influence, than any other 
body of men, and in their ^Mtrity, discernment, and public spirit, 
we must rely for the stability and permanence of our republican 
institutions. 

When I had the honor of occupying a seat in the legislature,- 1 
was so forcibly impressed with considerations of this nature, thirt t 
esteemed it my duty to introduce an amendment to the constitution 
predicated on district elections by the people. This principle vv?,?? 
sanctioned at that time, and since, by the legislature ; but it has 
never been engrafted into the constitution. As it may be supposed 
that those states where district elections are established, will not 
he in a situation to express an undivided opinion, and will there- 
fore be placed in a worse position than those where a general 
choice prevails, 1 would suggest the expediency of providing in 
future for a choice by the people, of electors by general ticket, 
until an uniform rule by districts is constitutionally established. 
This will place the choice of the principal magistrates of the na- 
tion where it ought to be : more completely within the control of 
the sovereign authority. And as there are now two intervening 
bodies, between the people of this state, and the election of presi- 
dent and vice-president, I see no reason why the principle of ex.- 
elusion should be applied almost entirely to them. 

In the course of your proceedings, you will also be called npon' 
to elect a senator of the United States. The position of our na- 
tional concerns will undoubtedly demand the utmost circumspec- 
tion, as well on this subject, as on the more immediate object of 
your meeting. In order to meet the deficiencies of the national 
levenue, great retrenchments must be made in our expenditures, 
and wise plans of finance must be adopted. Our resources may 
be cherished, and the evils of heavy taxation or increasing debt, 
may be averted by the abolition of useless offices, by the dimi- 
nution of expensive establishments, and by the cultivation of that 
economy, which is most congenial with the simplicit}' of republi- 
can goyeremejit, md which is recjuired by the great pressure op 



t»E WITT CLINTON. 179 

the n.ition ; keeping, however, always steadily In view the pub- 
lic defence, and the general safety. In- order to resuscitate the 
prosperity of the community, it is also neceessary to cherish the 
interests of productive industry, and to promote the internal im- 
provement of the country. 

It is to be regretted that the colhsion, which took place at the 
1 ist session of congress, relative to the prohibition of slavery ia 
new states, should have been attended with so much irritation ; 
;uul that it should be considered as an attack oti the local authori- 
ties, and an attempt to violate the rights of property. In states 
V. here slavery has been established by law, it is not in the power 
vf the national government to interfere ; and all regulations oa 
i'ns suliject must proceed from the local government : but in the 
adaiission of new states into the union, it is the duty of congress 
to ])rotoct the great obligations of morality ; to enforce the princi- 
ples of the American revolution, and to consylt the paranaount and 
permanent interests of the empire. 

As a member of the American confederacy, It is not only our 
duty, but our interest, to sustain the respectability, and to promote 
the authority of the national government, by a patriotic and en- 
lightened exercise of our sufl'iages, and by contributing all our 
energies to establish a wise and public spirited administration. 
But in attending to measures so important, we ought not to over- 
look the duties which we owe to ourselves. Our government is 
complex in its organization ; and it is essentially necessary to pre- 
serve the state governments in their purity and energy. A free 
government could never exist in a country so extensive as the 
United States, without a ju;iicious combination of the federal and 
representative principles. The apprehensions which some of our 
V. isest statesmen entertained at the formation of the constitution, 
Uiat the state governments would constantly encroach on the pow- 
<^rs of the national government, appear not to have been realized. 
The practical tendency has been in the opposite direction. The 
power of the general administration has increased with the exten- 
j.ion of its patronage. And if the officers under its appointment 
shall see fit, as an organized and disciplined corp?, to interfere in 
the state elections, I trust that there will be found a becoming dig- 
position in the people, to resist these aMrming attempts upon the 
purity and independence of their l^cal governments : for when- 
ever the pillars which support the edifice of the general govern- 
ment are undermined and prostrated, the whole fabric of national 
freedom and prosperity will be crushed in ruin. I have consider- 
ed it my solemn duty to protest against these unwarrantable intru- 
sions of extraneous influence, and I hope that the national legisla- 
ture will not be regardless of its duty on this occasion. 

If the ingenuity of man had been yxercis^d to organize the ap- 
pointing power in such a way gs to produce continual intrigue and 
commotion in the state, none could have been devised with more 
(^iTect than the present arraogeiRent. We hare se^n its pernicious 



180 governors' speeches. 

influence in the constant conamotions which agitate us ; and ivt 
can never expect that the community will be tranquil, or that the 
state will maintain its due weight in the confederacy, until a radical 
remedy is applied. Under this impression, I have heretofore 
proposed the calling of a convention. The constitution contains 
no provisions for its amendment. In 1801, the legislature submit- 
ted two specific points to a convention of delegates, chosen by the 
people, which met and agreed to certain amendments. Attempts 
have been made at various times to follow up this precedent, 
which have been unsuccessful, not only on account of a collision 
of opinion about the general policy of the measure, but also re- 
specting the objects to be proposed to the convention. These 
difficulties may be probably surmounted, either by submitting the 
subject of amendments generally to a convention, and thereby 
avoiding controversy about the purposes for which it is called : or, 
by submitting the question to the people in the tirst instance, to 
determine whether one ought to be convened : and in either case, 
to provide for the ratification by the people in their primary as- 
semblies, of the proceedings of the convention. This double 
check will be admirably calculated to carry into effect the sove- 
reign authority of the people : to guard against dangerous interpo- 
lations in our fundamental charter : to check a spirit of perni- 
cious innovation, and empirical prescription, and to allay the ap- 
prehensions of some of our best and wisest fellow-citizens, who, 
already satisfied with the signal prosperity and high destinies oi 
the state, are unwilling, for the sake of some improvements, to en- 
counter the risk of changing materially the features of the consti- 
tution, which, in its general conformation, is admirably calculated 
to promote the happiness, to elevate the prosperity, and to protect 
the freedom of the community. 

It affords me the highest satisfaction to renew my congratula- 
tions on the successful progress of our internal improvements. 
Upwards of fifty-one miles of the canal between the Genesee 
river and Montezuma, including fifteen locks, are under contract, 
and the whole distance of sixty miles and a quarter, with two ad- 
ditional locks, can. be easily completed by the first day of Septem- 
ber next. The contracts made during the last season, were on 
better terms for the stavo than those on the middle section ; and 
during the present year, thoy are from thirty to forty per cent, 
lower, including the mason wi.rk. Thirty miles of the section 
east from Utica, are also under contract, including twelve locks, 
and will be completed the next season. 

In the progress of these operations, rocks have been excavated 
at the Little Falls in seventy or eighty days, which it was original- 
ly supposed would have taken two years. The improvements in 
the Hudson river, and by canals, to the distance of twenty-eight 
miles south from Fort Edward, will be effected the next season ; 
and it is hoped that the remaining ten miles to Waterford, which 
will finish the whole operation of the inland navigation of the north 



DE WITT CLlNTONo 181 

can also be accomplished within that period. There will then re- 
main about one hundred miles on the western, and about sixty-eight 
on the eastern section, in order to realize our whole system of in- 
ternal navigation. The limitation of the annual expenditure has 
had a tendency to prociastinate the completion of this great work : 
and under a full persuasion that the whole can not only be accom- 
plished, but well accomplished in three years at the utmost, from 
the present period, I earnestly recommend the adoption of plenary 
and effectual measures for this purpose. The advantages to be 
gained by this course will be great and striking. The faculties of 
the state are fully adequate to the operation, and all controversy 
about the order of completion will be avoided. The civilized 
world is now in a state of peace ; but the symptoms of great and 
extensive convulsions begin to appear in Europe, and if wars shall 
unfortunately afflict that portion of the globe, we will perhaps be 
compelled to assume a defensive attitude against aggressions on the 
rights of neutrality, which m^y finally plunge us into hostilities. 
Now that we are free from great national calamities, and the prices- 
of money, of labor, and of commodities, are uncommonly low, we 
ought to avail ourselves of the favorable opportunity. The public 
sentiment is now united in favor of the measure, and the progress 
of time may create opposition from chimerical apprehensions, from 
seltish views, from jarring interests, and from local competitions. 
The increased accommodation and easy communication will imme- 
diately create a vast inland trade : and if we only suppose that one 
hundred thousand tons are annually transported on the western ca- 
nal, the revenue, at the rate of five dollars a ton for the whole dis- 
tance, will defray all the expenses of repairs and superintendence, 
and extinguish in a short time the whole debt. A step of so deci- 
ded and energetic a character will also encourage the patriotic state 
of Ohio, to pursue its noble attempt to unite the waters of Lake 
Erie and the Ohio river. And surely there can be no hesitation in 
devoting the resources of the state, to the speedy and effectual ac- 
complishment of a measure which, in the language of the act of 
1817, "will promote agriculture, manufactures and commerce; 
mitigate the calamities of war, enhance the blessings of peace, 
consolidate the union, advance the prosperity, and elevate the cha- 
racter of the United States." 

The final and complete establishment of an able and respectable 
board to superintend the general interests of agriculture, is an 
event of the highest importance ; and the exhibitions which have 
taken place in different counties under the auspices of the local so- 
cieties, evince increasing improvement in the quality and quantity 
of the fruits of the earth. Notwithstanding the present indifferent 
market for the products of husbandry, it is pleasing to perceive 
the general and rising estimation in which this pursuit is held ; the 
zeal with which it is cultivated ; and the prosperity which it h.ns 
attained. Id course of time the natural correspondence between 
the wages of labor, the price f>f commodities, and thp TaKiP of 



182 GOVERNORS^ SPEECHES. 

money v\ ill be restored. And as tlie evils now felt arise from nt 
rangements heretofore made on the existence of high prices, all 
prospective operations will be accommodated to the reduced state 
of the market : and the country will emerge slowly from the evils 
with which it is now environed. 

Agriculture must look for its principal and solid encouragement 
to the home market, and this will be improved by the general aug- 
mentation of our population, and especially by the increase of that 
portion of it, which is not engaged in the cultivation of the earth. 
The manufacturing interest, and that numerous class of the com- 
munity which will be employed in the inland carrying trade, and 
the dealers in the sale, purchase, and exchange of commodities, 
must constitute the most efBcient friends to agriculture. The fluc- 
tuations of harvests in different parts of the United States, and the 
differences of productions will frequently produce facilities in the 
way of reciprocal supply ; and the necessities of Europe will al- 
most always create, in a greater or less degree, a demand for oux 
staple articles. 

It may be proper on this occasion to call your attention to the 
expediency of lowering the rate of interest of money : and as the 
l»eriod has arrived when a census of the people of this state ought 
to be taken, with a view to an equal and just apportionment of the 
representation in the legislature, I am persuaded that you will per- 
ceive the great utility of directing at the same time such other 
statistical investigations, as may illustrate our resources, and point 
out the road to increased wealth and prosperity. The discovery 
of an important hydraulic cement will add greatly to the general 
convenience ; and if you shall see fit to encourage the discovery 
sf coal^ I feel confident that it will be attended with success, and 
that the beneficial influence of this measure will be felt in the pro- 
motion of manufactures, and in the accommodation of the whole 
community. 

The flourishing condition of our seminaries of education, 
furnishes additional inducements to continue and to extend 
the patronage of the &tate. In six thousand common schools, 
organized under the act for their establishment, three hundred 
thousand children are taught, and ^160,000 are annually appro- 
priated to the compensation of the teachers. 1 am informed by 
the useful and able officer, who presides over this department, 
that the number of pupils at present taught in our schools is equal 
to nine tenths of the whole number of childi*en between the ages 
of five and fifteen years, which approximates to one fourth of our 
whole population. There are probably twenty schools in this 
state conducted on the Lancasterian system exclusively, and seve- 
ral others which follow it partially, but not so far as to assume a dis- 
tinctive character. In some of these establishments, several young 
men hare been recently instructed as Lancasterian teachers ; and it is 
to be hoped that this system will be carried into the most extensive 
operation. There are now upon an average about fifty scholar? 



DE WITT CLINTON. 183 

i(}T every school-master, under tl>c present, plan of common 
schools ; ami whether the number be great, or be small, the intro- 
<luction of the Lancasterian method is of importance ; for admit- 
ting in all cases the competency of the teacher to attend to all his 
pupils, yet when we consider the rapidity of acqtiiring instruction 
under that sy>(cni, and reflect on the usetul habits uluch it forms, 
and the t'avorable im['ressions which it makes on the minds and mo- 
rals of those who participate in its benetits, we cannot hesitate to 
give it a decided yireference. The education of youth is an im- 
portant trust, and an honorable vocation ; but it is tco often com- 
niitted to unskilful hands. Liberal encouragement ought unques- 
tionably to be dispensed tor increasing the number of conr;petent 
teachers. 

In thirty of the forty incorporated academies, there wore the 
last year two thousand two hundred and eighteen students, of which 
six hundred and eighty-eight wcie engaged in learning Latin and 
Greek. The fund appropriated tor the benetil of these uistitutior)«=, 
is about 320,000 dollars. 

In Columbia, Union, and Hamilton colleges, there are five hun- 
dred and twenty-two students, j^nd in the two medical colleges, onsi 
hundred and ninety-six. the grants to these establishments amouni 
to upwards of 720,000 dollars: and perhaps the whole appropri- 
ation for t!ie promotion of echication, may be estimated at two mil • 
lions and a half of dollars. Although this sum may appear highly 
liberal, yet when we look at the resources, population and extent 
of the state, and consider, that knowledge is essential to the happi- 
ness and dignity of man ; to the existence of republican governnient, 
and to national power and glory, we must feel persuaded that more 
muniticent dispensations ought to be afforded for its encouragement 
and diffusion. And I would particularly recommend, tiie education, 
at the public expense, of youth distinguished and selected for moral 
superiority, or pre-eminence of talents and character. A measure 
of this nature is strictly in unison with the genius of our govern- 
ment, and would have a tendency to restore the equilibrium of 
society ; to mitigate those prejudices which spring up in the freest 
communities ; to dcvelope intellectual resources, which would 
otherwise be lost to the world, and to excite a spirit of emulation 
propitious to the interests of knowledge and promotive of the 
fame and prosperity of our country. VVhen I contemplate the 
Tast resources of the state, and particularly the immense revenue 
which will accrue from the completion of its great plans of inter- 
nal improvement, I entertain a confilent expectation that the rising, 
and all future generations will experience the continued and in- 
creased munilicence of governmen;, exercised in different ways 
and through various channels, for the promotion of instruction, 
and the propagation of knowledge. 

A growing spirit of improvement has been generally manifested 
by the militia ; and iu some sections of the state it has been exhi- 
l^led in an extraordinary degree. The adoption of a plate anti 



l84 OOVEKKOUs'' SPEECHES. 

feather for the hat, in the city of New-York, has given an uniform 
and mihtary appearance to the infantry : and the great attention 
which several distinguished officers in that and other places have 
devoted to the promotion of military knowledge, is entitled to 
high commendation. During the late war, a brigade of horse or 
flying artillery was organized in the Atlantic parts of the state. In 
the formation of the present militia code, this brigade was not re- 
cognized, and no provision was made to enforce the attendance on 
parades of the officers and privates of that part of the brigade, 
that belongs to the city of New-York ; nor can any court martial 
be instituted for their trial tinder the present system. As this is a 
very useful and efficient institution, I recommend it to your favora- 
ble consideration. A laudable provision for the distribution of ele- 
mentary books in the military art, has been confined to the infantry. 
The other departments of our military force are anxious to enjoy 
similar benefits : and on this occasion it may not be improper to 
mention, that an able treatise on artillery, has been recently pub- 
lished under the patronage of the national government, and which, 
as it deserves, it is to be hoped will receive your encouragement. 

I conceive it an indispensable duty to call your attention once 
more to the state of our penitentiary system. In corroboration of 
the observations, which i have heretofore communicated, permit 
me to state, that the increasing expense, and partial failure of this 
system, may be principally ascribed to an injudicious organization 
of its government, and to an inexpedient arrangement of the buil- 
dings. The government of our state prisons is intrusted to several 
respectable citizens, who act from patriotic motives, and without 
compensation. The afl'airs of the establishment are principally 
managed by officers under their control. When the vigilance of 
self-interest ceases to operate in any institution, its place must be 
occupied by adequate and powerful substitutions, by imposing re- 
sponsibility, and by exacting exclusive and undivided attention. 

The operation of the present administrations of our penitentia- 
ries is to create a nominal authority in the inspectors, but to in- 
vest the substantial control in subordinate agents. The former at- 
tend but seldom, and, indeed, a rigid attendance cannot be expect- 
ed, where officers are not remunerated for their services. The 
consequences arc obvious. These important institutions are al- 
most entirely directed by incompetent men, who were not contem- 
plated nor intended for that purpose , and the pecuniary affairs, as 
well as the moral discipline of the establishment become distracted 
and deranged. The state prison at Auburn is, by a late arrange- 
ment, modeled on the plan of solitary cells. In London a prison 
has been recently erected containing seven hundred cells : at 
Pittsburgh, in Pennsylvania, one is now building, of six hundred 
cells, each six by eight feet. A building on this plan will not be so 
expensive as on the old one. It will not be necessary to make it 
so strong : the prisoners will have no chance of forming conspira- 
cies, and hence all escapes will be prevented. The expense of a 



DE WITT CLINTON. 185 

niilltary guard would be saved : the duration of punishment might 
be usefully abridged, and, above all, >ve might be certainly assur- 
ed, if not of a reformation that will prevent, of a punishment that 
will deter, from the repetition of crimes. I am happy to state 
that the New-York society for the prevention of pauperism, have 
instituted an inquiry on the subject of the penitentiary system, 
which will be attended with favorable results ; and that improve- 
ments are absolutely necesf ary, may be inferred from the fact, that 
in all probability there is one convict incarcerated for crime, ia 
every thousand persons composing the population of the state. 

It is universally conceded, that one of the most pernicious modes 
of raising revenue, is by the establishment of lotteries. The 
spirit of gambling which it generates, and the demoralizing influ- 
.•■Dce which it exercises, are greatly to be deprecated. With a 
view to mitigate the resulting evils, the avails have been general- 
ly applied to the promotion of education and internal improve- 
ments. But it is to be hoped, alter the existing grants are satisfied, 
that this expedient for raising money will be entirely abandoned. 
In the mean time, I am sorry to say, that the evils are multiplied 
upon us, by a forced construction of the powers of congress, and 
that the local authority of that body over the district of Columbia, 
exercised for municipal accommodation, is attempted to be erected 
into an authority to ride over the laws of the states. Such a pal- 
pable and mischievous usurpation can never be sustained nor tole- 
rated. 

I should do injustice to the feelings which I entertain and cherish, 
were I not to avail myself of this occasion to communicate to the 
people of this state, my grateful acknowledgments for the renew- 
ed expresson of their favorable opinion. With a deep sense of 
my inability, and with a humble reliance on the blessings of Al- 
mighty God, I shall endeavor to merit the confidence of my fel- 
low-citizens, by every proper exertion to promote, in all caseSj 
their individual and collective prosperity, whether I am called on 
to act exclusively, or in co-operation with the co-ordinate authori- 
ties. 

DE WITT CLINTON 

Mojiy, November 7, 1820. 

24 



186 governors' speeches. 

On the second day of January one thousand eight hundred and 
twenty two, the Governor delivered the follozting 

SPEECH : 

Gentlemen of tiiE Senate and of the Assembly, 

Since the adjournment of the legislature, an event has occurreci 
of the highest importance to the people of this state : The dele- 
gates elected " for the purpose of considering the constitution of 
this state, and making such alterations in the same, as they may 
deem proper, and to provide ihe manner of making future amend- 
ments thereto," have concluded their deliberations, and presented 
the result for the ratilication or rejection of the people, in the shape 
of a new constitution, varying essentially in many of its provisions 
from the present frame of government. As this subject is now 
under the consideration of the supreme and sovereign power of the 
community, the source of all legitimate government, it wouldbe obvi- 
ously improper for the derivative and subordinate authorities to 
interfere in their official characters with its deliberations and de- 
cisions. Whatever advice we oflfcr, whatever determination we 
form, and whatever course we pursue, must be indicated in our 
individual capacities, as component members of a great communi- 
ty acting in its sovereign character : And whenever the momentous 
decision is made, and whatever it may be, it will be our incumbent 
duty to obey implicitly the determinations of the people, and to 
carr}' into full eilect their expressed volitions. Were it not for 
considerations so imperative 1 should on this, as I trust I have on 
all proper occasion?, have communicated with frankness and can- 
dor, myviews in relation to the bearing of this important ques- 
tion on the public welfare. It is a spectacle truly felicitating, to 
observe the calm and digiiilied moderation vvith which our consti- 
tuents have approached this important subject, for so far as my 
observation has extended, the discussions have been free from the 
usual asperities and agitations of the times. It is indeed not a ques- 
tion involving the views of personal ambition, the interests of par- 
ty ascendenc}', or the feelings of local contention. It looks to 
the past for enlightened instruction, to the present for wise and pa- 
triotic decision, and to the future for general and permanent bene- 
fit. To perceive a vast and growing population sitting in judgment 
on its own form of government, acting with intelligence, indepen- 
dence and firmness, discarding minor and evanescent considerations, 
and consulting the greatest happiness of the greatest number, is a 
?;ublime sight, administering to the best hopes and answering the 
highest expectations of the friends of republican government. 
And let us humblv supplicate the Supreme Dispenser of all good 
to shed his propitious mfluence on this occasion, and to produce a 
result auspicious to the stability of civil liberty, the ascendency ol 
good government, and the prosperity of our beloved country. lu. 



DE WITT CLINTON. 187 

all the vicissitudes of an eventful existence, in the lust migrations 
and settlements of our forefathers, in the trials of our colonial 
dependence, in the struggles of a glorious revolution, in the esta- 
blishment of free and energetic governments, and in rapid and 
wide-spreading advances to prosperity, it has pleased Almighty God 
to consider us with an eye of paternal indulgence, to watch over 
us with his providence, and to protect us against those over- 
whelming evils which have been so fatal to the best interests of the 
human race ; and may we not humbly hope that the s;Hiie gracious 
(iir;pens:)t!ons will attend our future progress, and that we may be 
permitted to exhibit an irrefragable proof and an illustrious example 
oi' the capacity of man for self-government, and of his triumphant 
advances in all that can add dignity to his character and derive bles- 
sings from his exertions. 

The labors of agriculture have for the last season been crowned 
v/ith abundance, and the institutions which have been founded for 
the encouragement of this important pursuit, continue to produce 
the most beneticial effects. A great amelioration within a lew years 
IS observable in all the departments of rural economy. The rapid 
improvement of live stock, the judicious application of manures, 
the increased production of the various kinds of grain, and other 
vegetables, the introduction of new objects of cultivation, the in- 
vention and adoption of excellent implements of husbandry, and a 
growing attention to the promotion of horticulture, have unques- 
tionably originated in a great degree from institutions which concen- 
Irate the fruits of experience, which apply the discoveries of sci- 
ence and the inventions of art, and which excite into activity all 
'he generous principles of emulation, and all the latent powers of 
improvement. 

The great and sudden augmentation of the price of our princi- 
pal commodity, in consequence of an anticipated relaxation of the 
corn laws of great Britain, and its subsequent declension on the 
receipt of unfavorable intelligence, are calculated to make a deep 
and serious impression on the public mind, and to point to the 
sources of evils which it may be in our power to obviate. The 
excess of the products of the soil beyond the consumption of the 
aii-ricultural interest, must either find a sale in the home and fo- 
reign markets, or be lost to the proprietors. To rely upon foreiga 
markets, is to expose ourselves to the caprice of foreign policy, 
and to commit primary interests to the guardianship of rival na- 
tions. We must, therefore, consult the substantial and permanent 
prosperity of agriculture, by providing for the domestic consump- 
tion of its production ; and this can only be accomplished by the 
dense population of manufacturing towns and commercial cities* 
And it is indeed highly satisfactory to witness the growing prosperi- 
ty of the manufacturing interest, after the blow which it received 
on the termination of the late war. In its fobrics, its consumptions 
tand all its operations, it stimulates agricultu ral industry, by pur- 
chasing its productions and adoiioistering to its accommodations ; 



188 governors' speeches. 

and as the supeiabundatice of the 'products of ngiiculture, and 
manufactures, must create the materials for forci2;n commerce, 
it is obvious that all these great departments of human industry arc 
dependant on each other, and are closely connected in promoting 
the general prosperity. A nation purely agricultural which de- 
rives the fabrics of art from' foreign supplies will almost always be 
poor. Commerce in order to be beneficial, ought to expoit more 
than it imports. And the general state of our country emphatically 
inculcates the necessity of intrenching ourselves in our own re- 
sources, of cultivating the creative powers of domestic industry, 
and of banishing those excesses of luxury and extravagance, which 
are the bane of individual happiness and republican virtue. In 
the excess of our imports above our ex])orts, the prodigal con- 
sumption of foreign commodities, the unfavorable rate of ex- 
change, and the exhausting exportation of metallic money, we ])er- 
eeive the sources and the signs of individual distress, and national 
debility. And the course of this commerce, which is recommend- 
ed, not by the wealth it produces for the people, but 1>y the reve- 
nue it creates for the government, must eventually be arrested by 
the poverty and rnisery which it will generate. There is no 
truth more evident than that our importations must be finally 
governed by our exportntions, for if we consume more than we 
create, if wc buy more than we sell, we must sooner or later en- 
counter a crisis when our credit and our resources will be ex- 
hausted. The necessity of encouraging the home market will be 
more manifest when we consider that our principal commodities 
are excluded from foreign countries. Flax seed and pot and pearl 
ashes are indeed admitted into Great Britain, but the West India 
Islands are closed against us and in the loss of a valuable market for 
our live stock, lumber and grain, we experience no inconsiderable 
injury. Relying upon the wisdom and public spirit of the nation- 
al authorities to devise and apply efficacious remedies for these 
evils, either by amicable arrangements or counteractingrestrictions, 
let us attend to those duties which the importance of the occasion 
and the severity of the pressure imperiously demand from our 
hands. 

Under this impression it is gratifying to perceive the enterpri- 
zing spirit of our agriculturists seeking various sources of emolu- 
ment, directing itself to new objects, and extending its operations 
over a greater area. When our manufactories were, in a great 
measure prostrated, the price of wool underwent a corresponding 
depression ; but there is now every reasonable encouragement for 
the raising of sheep ; and all that branch of rural economy, which 
embraces grazing and live stock in general, has been a lucrative 
occupation. Our husbandmen have also turned their attention to 
the cultivation of hemp and flax, and a machine which has lately 
been invented for the preparation of these articles, will, in all 
probability, form a new era in our agriculture. It is estimated* 
that one machine can prepare a ton in a day, at the cost of tvec 



DE WITT CLIXTOx\. 189 

cents a pound, Iborebj' surmounting every objection that hn« 
been m.ide agninst Ibis kind of husb;indry, and supplyins; the raw 
materials of several invaluable manufacture?, witb a faciiit}' equal 
in importance and similar in character to that which has been so 
successfully experienced in the cotton of the south. The iron ore 
of all descri{)tions wliich is found in many parts of the state, inex- 
liaustible in quantity and unsurpassed in quality, hns lately attract- 
ed pointed attention, and '.vill cnal)!e us in a short lime to dispense 
with importations. Siilt, manufactured in the vicinity of the 
<)cean, or from those inexhaustible depositories which nature has 
j)rovide(l in the interior of the country, can be procured without 
resorting to foreign supplies. 

Various manufactures, entitled to every encouragement, are 
rising into notice and usefulness ; and I might particularly indi- 
cate a valuable establishment in the city of New-York, which, 
with the adoption of an ingenious invention, is enabled to work up 
great quantities of wool and cotton ; to employ several hundred 
persons, and to save several hundred thousand dollars to the coun- 
tr}'. A powerful and general impulse has been given to the fab- 
rication of cotton cloths, thereby rendering iis, to a considerable 
extent, independent of extraneous supplies, and establishing, up- 
on a llrm foundation, a valuable and increasins market for the 
most important productions of our southern brethren. And 
when we extend our view to those great federal republics wliich 
are rising up in the southern section of America, breaking the 
chains of colonial dependence and commercial monopol}'. assert- 
ing the rights and vindicating the dignity of human nature, ^vith 
glorious and triumphant success : and when we contemplate the 
commercial relations which will grow out of these momentous 
changes, and the close alliance of interest and intimac}'^ of commu- 
nication which must necessaril}' arise from facility of intercourse, 
from proximity of territory ; from reciprocal wants, and from re- 
publican sympathies, we must be encoarageii in our career of pi o- 
ductive industry, under a full persuaiion that it M'ill Hnd an ample 
remuneration for its exertions in the extension of its accommoda- 
tions to the most opulent regions of the globe. 

I trust that I shall not be considered as entering too much into 
detail, when I call your attention to the law providing for the in 
spection of pot and pearl ashes, which articles constitute at pre- 
sent our principal export. It often, asiS|Stated to me, amounts 
annually to 30,000 barrels, exclusive of lb, 000 which pass into 
Canada. This commodity, inspected und^rthe laws of Massachu- 
setts, has brought five pounds sterling mofe. a ton, than ours, in 
foreign markets : and this is believed to arise, not from a superior- 
ity of inspection, but from a superiority of the barrel in which the 
article is contained. Our law allows an incompetent sum to the 
inspector for a new barrel in case the package is bad : the conse- 
quence is, that barrels which ought not to be exported, are repair- 
ed for the purpose, and the article sustains such injury in the 
transportation, that its character is depressed in foreign markets. 



190 governors' speeches. 

Permit me once more to call your attention to a subject which 
deeply involveg the prosperity of our manufactures and the gen- 
eral accommodation of the community. The opulence of Great 
Britain is to be ascribed, in a great degree, to her manufacturing 
pursuits, which could not be carried on, without the coal that 
abounds in that country. Our forests are falling rapidly before 
ths progress of settlement, and a scarcity of wood for fuel, ship 
and house building, and other useful purposes, is already felt in 
the increasing prices of that indispensable article. No system of 
plantation for the production of trees, and no system of economy 
for their preservation has been adopted, and probably none will 
be, until severe privations are experienced. In some parts of 
Long-Island, and in the vicinity of the great canal, in several of the 
western counties, extensive beds of turf or peat have been found, 
and have been I'esorted to for domestic accommodation. But coal 
is of primary importance in many of our most important manufac- 
tories : and the discovery of a sufficient quantity, within a reason- 
able distance of any of our navigable waters, would be more effi- 
cacious in quickening the operations of creative industry, admin- 
istering to the coml'orts of lil'e, and promoting the substantial 
wealth of the country, than the most productive mines of the pre- 
cious metals. The geological conformation of the west clearly 
demonstrates the presence of this fossil, and I am confident that 
liberal encouragement on the part of the state would produce the 
effectaal accomplishment of our most sanguine anticipations. 

It is an unquestionable truth that all the great interests of soci- 
ety must rely for their support and encouragement on the flour- 
ishing condition of internal trade, which can never exist without 
facility of communication. And under this impression we cannot 
too highly appreciate the importance of the artificial navigation 
now in a train of rupji and successful completion. Almost all the 
line of the Western or Erie canal, from the Tonavvanta creek 
which flows into lake Erie, to Hudson's river, is under contract. 
The .section from thi» Seneca to the Genesee river comprising 
a disttiaca of sixty-three miles, is nearly in a navigable state, and 
the whole of it would have been finished the last season, had it not 
been for the sickness which interrupted the progress of the work- 
men i:i the Seneca mai^hes, and the necessity of affording time for 
the cor.solifiation of the great embankments at the Irondequoit. 
Upwanis of twenty-seven miles of the eastern division from Uti- 
ca to the Little Falls, hwe already been navigated, and great pro- 
gress has been made towards the completion of those parts of the 
canal that lie west of th^ Genesee river and east of the Little 
Falls. The Northern or Champlain canal is also in a state of rapid 
advancement : So that upon a full and comprehensive view of the 
whole operation, vve may contiflently pronounce, that before the 
termination of the year 18'23, there will be a complete and unin- 
terrupted navigation from the navigable waters of the Hudson riv- 
er to lakes Erie and Champlain, comprehending an extent of up- 
wards of 425 miles, and alfof which will be accomplished since 



DE WITT CLINTON. 191 

the 4th clay of July, 1817. Considerable difficulties and embar- 
rasi^ments have been encountered with respect to the most proper 
designations for the commencement and teiniination of the wes- 
tern canal ; and in some intervening places there has been a great 
diversity of views with regard to the most eligible routes. The 
canal board have, 1 trust, never been led astraj' by local consid- 
erations and ephemeral expedients, and will, 1 hope, be enabled, 
notwithstanding the embarrassment which must necessarily arise 
from conllicting opinions and clashing interests, to combine the 
accommodation of flourishing villages and cities with the promo- 
tion of the general convenience and welfare. 

During the last autumn the solidity and stability of our works 
have been brought to the test by heavy rains and uncommon floods 
in the streams and rivers connected with the canals, and the gene- 
ral result has corresponded with our wishes, and has fortified our 
confidence. 

I am happy to perceive the continuance of contemporaneous ef- 
forts on the part of two of the western states to initiate and create 
an artificial navigation between the river Illinois and lake Michigan 
and also between the Ohio river and lake Erie. Whenever either 
of these projects is executed, there will exist on the completion of 
the western canal, a water communication as well on the side o'the 
great lakes, as of the Atlantic ocean, between the Hudson and the 
Mississippi, between New-York and New-Orleans, and the vast 
and populous regions connected with them. Considering that the 
patriotic states which contemplate these important works, are, com- 
paratively speaking, in the infancy of their settlement, and have to 
struggle with the embarrassments which must necessarily arise from 
the peculiarity of their position, and taking into view the benefits 
■\vhich must result to the nation at large from the completion of 
these communications, it is right and proper that the national go- 
vernment should dispense its munificent aid, and I do not hesitate 
to recommend a favorable expression of the sense of the legisla- 
ture on this subject. Claiming no assistance in the prosecution of 
our own operations, we can with the more force advocate the just 
views and promote the laudable objects of our sister states. 

It is certainly expecUent for the legislature on all great occasions, 
but especially' in rehition to future internal improvements, to che- 
rish a prospective spirit, and to provide in season for the exigen- 
cies of future times. The creation of a general board for public 
improvements, to commence its operations after the completion of 
the present undertakings, would be a wise and patriotic arrange- 
ment. This board, selected from our most enlightened and public 
-pirited lellow-citizens, and invested with power to establish and 
facilitate all useful channels of communication, and all eligible 
modes of improvement, would be enabled by a judicious applica- 
tion of the public resources, to conduct us to an elevation of un* 
paralleled prosperity. 



192 governors' speeches. 

From June, 1817, to October, 1821, inclusive, 2,893,500 dol- 
lars have been borrowed for making the canal, and the lenders 
have advanced to the state <^91,202 50 in premiums, for the bene- 
fit arising from these investments ol' capital. Of the aggregate 
borrowed, 1,400,000 dollars were obtained at an interest of live 
per cent., nnd the remainder at six per cent. ; and 1,070,000 dol- 
lars have been received by the acting commissioners from the first 
day of January to the 14th December last. The yearly interest of 
the canal loans amounts to ^159,580. 

The commissioners of tbe canal fund were authorised to borrow 
iu 1821 and 1822, a sum which without the existing revenne will 
amount to sj 1,600, 000 each year ; provided, however that the in- 
terest on the whole sum borrowed shall not exceed the income of 
the caoal fund for the time being. Under this power, ^1,400,000 
were borrowed in the year ending the 30th November last. The 
canal fund is at present estimated to produce ^200,000 annually. 
It has actually produced to the 30th November, including ^2,200 
received for tolls, ^107,767 23, to which if we add the commuta- 
tion for the steam-boat tax paid the 24th of December, the amount 
will pe ^172,767 23, independently of other tolls during the year, 
the aggregate of which is unknown, and exclusive also of the du- 
ties on salt for the quarter ending in November, which have not 
yet been received at the treasury. The avails from these sources, 
added to the before mentioned sum of ^172,767 23, will probably 
make the income of the canal fund at least to ,^200,000. This 
sum, though more than adequate to pay the annual interest on the 
existing debt, will not be sufficient to authorise the commissioners 
of the canal fund to borrow the additional sum of ^1,400,000 for 
the next season ; and it is therefore requisite that further legislative 
provision be made for the purpose, especially as it is impossible 
to estimate with any precision the income for toll during the ensu- 
ing year. 

The annual surplus of the canal fund after paying the interest of 
the debt now existing and to be hereafter incurred on that account, 
ought to be appropriated to the extinguishment of the principal -. 
and as this excess will increase with the progress of time, the ac- 
cumulation of population, the augmentation of wealth, and the ex- 
tension of inland trade, there cannot be a doubt not only as to the 
rfipid discharge of the debt, but as to the creation of an immense 
revenue, applicable to all the purposes of beneficial improvement, 
and all the objects of good government. 

The public debt, besides the canal debt, consists of the stock 
debt created by the act to improve the funds, passed 21st April, 
1818, which amounts to ^1,000,000 

Debt due the Bank of New-York, 280,000 



$1,280,000 



For which a yearly interest of ^76,800 is paid. 

The general fund of the state exclusive of the common school 

fund, the canal fund, the literature fund, and the Lewiston school 



Dli WITT CLINTON. 193 

iund, amounts to ^3,077,856 98, principally in bank stock and 
bonds and mortgages. 

The revenue for the year is estimated at ^469,928 91, which 
with 43,463 53, the balance in the treasury on the tirst of Decem- 
ber, will make j-JJj 13,392 44, and as the expenses of government 
and other ordinary demands will not exceed ;jS379,800, there will 
remain the sum or;yi133,692 44 to meet extraordinary appropria- 
tions for the current year and especially payment in part of the 
debt due to the Biuik of New-York. Independently of this gene- 
ral fund the state owns near a million acres of land. 

The common school fund consists of ^1,139,130 67, and twen- 
ty-tive thousand acres of land. It yields annually ^77,417 86, 

The literature fund amounts to ^89,635 82, which produces an 
income of ^5,142 43. It has al^o 5,856 acres of land. 

The Lewiston school fund is ;^3,757 35, the annual produce of 
which is ^212 74, a few lots of land are also invested in this fund. 

The productive income of the canal fund arises from auction 
duties, duties on salt, canal tolls, and ^5000 as a commutation for a 
tax on steam-boat passengers. 

The unproductive canal fund consists of Graiid Island in the Ni- 
agara river : valuable lands bordering uu the Onondaga salt springs 
and 104,632 acres which have been given by companies or indi- 
viduals. And theie is also a contingent canal fund composed of 
the proceeds of lotteries to be drawn after the sums granted by the 
present lotteries are paid, and a tax of s^250,000 on lands adjoining 
the canal, the collection of which is suspended. 

This general view of the funds and resources of the common- 
wealth, is, I trust, calculated to encourage us in our career of 
useful improvement, and to elicit further manifestations of the 
public munificence on all proper occasions. 

The excellent direction which has been given to the public 
bounty in appropriations for common schools, academies and col- 
leges is very perceptible in the multiplication of our seminaries of 
education, in the increase of the number of students and in the 
acquisition of able and skilful teachers. 

The Lancasterian or monitorial system, or as it has been em- 
phatically denominated, the system of mutual instruction, is ma- 
king its way in the community by the force of its transcendent 
merits. Our common schools have flourished beyond all former 
example : and our higher institutions, the seats of literature and 
science, continue to maintain the respectable character which they 
have so honorably acquired. Having in the course of the last 
year had an opportunity from personal observation to witness the 
progress of Columbia College, I cannot omit, on this occasion, to 
express the high sense which I entertain of the able superinten- 
dence of the trustees, of the learning and attention of the presi- 
dent and professors, and of the laud>ble advances of the students ; 
and my intelligence from the other colleges is also propitious to 

25 



194 governors' speeches. 

the progress of knowledge, and honorable to those renerable and 
distinguished men who watch over their interests. 

Our medical establishments are also in a condition uncommonly 
prosperous. 

I am happy to have it in my power to say that this state has 
always evinced a liberal spirit in the promotion of education, and 
I am persuaded that no considerations short of total inability will 
ever prevent similar demonstrations. The first duty of a state is 
to render its citizens virtuous by intellectual instruction and moral 
discipline, by eidightening their minds, purifying their hearts, anil 
teaching them their rights and their obligations. Those solid and 
finduring honors which arise from the cultivation of science and 
the acquisition and diflfusion of knowledge, will out-live the renokvn 
of the statesman and the glory of the warrior : and if any stimu- 
lus were wanting in a case so worthy of all our attention and pa- 
tronage, we may find it in the example before our eyes, of the 
author of the declaration of independence, who has devoted the 
evening of his illustrious lite to the establishment of an universi- 
ty in his native state. 

As connected with this subject, T shall lav before you the pro- 
ceedings of several legislatures, relative to the appropriation of a 
small portion of the national domain to the purposes of education. 
It ii5 stated that in eleven new states and territories, the general 
government has appropriated one thirty-sixth part of the public 
lands for common schools, and one fifth part of that thirty-sixth 
part for colleges and academies. And, while it is admitted that 
this disposition is in all respects proper and laudable, it is contend- 
ed, that the other members of the confederacy are entitled to a cor- 
respondent benefit out of the same common fund. This claim ap- 
pears to be sustained by the most conclusive reasoning, and it is 
believed to be impossible for congress to resist an application so 
just and beneficial. If, however, this measure were cal ulated to 
embarrass the financial arrangements of the national government, to 
make a serious inroad on the national domain, or to disparage the in- 
terests of the states which havealready been benefitted, I should he 
entirely unwilling to press it. Whatever ratio of distribution may be 
adopted, the quantum of population, or the extent of territory of 
each state, the deduction from the landed estate of the empire 
would be so small as scarcely to be felt. In either case it would 
not exceed ten millions of the four hundred millions of acres own- 
ed by the United States. It is our duty to co-operate in obtaining 
justice for our sister states as well as for ourselves. If we were 
willing to wave the benefit which might be derived from the suc- 
cess of this application, it would furnish no just ground of hos- 
tility to the claim jn general, and indeed in such case it would en- 
tirely correspond with the dictates of magnanimity to advocate it 
with all our weight and influence. This state, on the basis of ap- 
propriation, originally adopted, would be entitled to 800,000 acres 



DE WITT CLINTON. 195 

for oar common schools, and 160,000 for our colleges and acade- 
m es, whicii with proper management, ;ind in connection with ex- 
isting funds would answer all the requisitions of education. 

While the pacific state in general of the civilized world is a sub- 
ject of sincere congratulation, we ought not to deceive ourselves 
with the chimerical expectation that we are to witness the continued 
absence of those awful calamities which have afflicted the human 
i-ace. After long and severe struggles, unprecedented in the annals 
of mankind, a general peace beramc necessary. War is now in a 
very considerable .legrcc a question of tinance. And if the powers 
of Europe have stayed the hand of desolation in order to recover 
their exhausted strength, and to remove their tiscal embarrass- 
ments we may be assured that a re-establishment of the resour- 
ces will produce a revival of the ravages of war. The exten- 
sion of our territory from the Athmtic to the Pacific ocean 
has increased our points of contact and consequently of collision 
with foreign nations : And it is well known that it requires time 
as well as magnanimity to overcome prejudices and hostilities en- 
gendered and exasperated by competitions for the emoluments of 
trade, and antipathies in the fundamental principles of government. 
I took the liberty, on a former and similar occasion, to solicit the 
attention of the legislature to a revision and consolidation of our 
mihtia law. and 1 now consider it ray duty to reiterate this request. 
A statute was passed on the LMst of April, 1818, entitled " an act 
to organize the militia of the state of New-York," and embody- 
ing all the provisions on this subject into one act. But by two 
subsequent statutes, passed on the 13th of April, 1819, and the 
31st of March, 1821, our military code has been so obscured that 
it is questionable whether parades and courts martial are authori- 
zed in certain situations. Kespectable members of the legal pro- 
fession have taken different views of this subject, and appeals are 
now pending before the commander in chief. Some definite and 
uniform rule with respect to the employment of counsel before 
courts martial would prevent considerable embarrassment ; many 
other provisions may be beneficially adopted, and one statute, 
embracing our whole military code, well digested, methodically 
arranged, and clearly expressed, would remove much perplexity 
and add greatly to the usefulness and respectability of the militia. 

In order to render the militia effective in cases of emergency, 
it is expedient to provide them with the munitions of war. There 
is not a sufficient number of artillery pieces for the accommoda- 
tion of the different artillery companies, and frequent requisitions 
are made on the commissary general for that purpose, which he 
is not able to answer. Provision for equipping the ordnance on 
hand, and the completion of an arrangement with the national gov- 
ernment for a partial supply, may in some measure mitigate the 
present inconvenience. At all events, it is advisable to render 
the officers of the artillery liable for the safe keeping of the pie- 
ces intrusted to their care. 



196 governors' speeches. 

Our arsenals do not contain more than thirty thousand stand of 
arms for the supply of one hun(h-ed and twenty thousand infantry. 
Pistols and swords are wanted for our cavalry, and cannon for our 
artillery ; and at the present time all the implements of war can 
be procured on the most econcniica! terms. 

I avail myself of this occasion to recommend to your favorable 
notice a memorial from the municipal authorities of the city of 
Washington, respecting their public improvements ; and 1 am con- 
fident th:Vc 3'ou will always evince a disposition to promote the pros- 
perity of a city founded by the ilUtstrious father of our country, 
and established as the permanent seat of the national government. 

By the 27th article of the treaty of amity, commerce and navi- 
gation between the United States and Great Britain, made in 1794, 
it was agreed "to deliver up to justice on mutual retiuisitions, all 
persons who bemg charged with murder or forgery committed 
within the jurisdiction ot either, shall seek an asylum within any of 
the countries of the other, provided that this shall only be done on 
such evidence of criminality as, according to the laws of the place 
where the fugitive or person so charged, shall be found, wouldjus- 
tify his apprehension and comruiiment for trial, if the offence had 
there been committed." But this treaty being no longer in force, 
ami no conventional provision having been subsequently made on 
the suhject, it has been questioned whether the national or state 
authorities are authorised by the laws of the land, or obligated liy 
the law of nations, to surrender, in any case, fugitives from justice 
from foreign countries A case has recently occurred, which in- 
duces me to solicit your attention to this suhject. 

A certain Jacob Smith, alias Jacob S. Redington, perpetratedj 
some time last year, in the city of New-York, the crime of forge- 
ry, by altering a set of bills of exchange drawn by the bank of 
Montreal on a commercial house in London, and after having sold 
the bills in New-York, he took refuge in Canada. Considering 
the aggravated nature of this offence, and the peculiar ciicumstan- 
ces under which it was committed, I thought it expedient to ap- 
ply to the Earl of Dalhousie, governor of Canada, for his official 
interposition ; and after consulting the legal authorities of the pro- 
vince, he ordered the ofTeuder to be delivered up to an agent ap- 
pointed by me for the purpose of receiving and conveying him to 
the city of New York for trial. As policy enjoins, so comity re- 
quires a reciprocation of the same friendly and liberal offices when- 
ever it shall become necessary. The papers in this case will be 
laid before you ; and adequate general provisions on the subject 
will have a salutary tendency in preventing and punishing crimes 
and in expelling from our territory malefactors who resort to it fronra 
other countries, in expectation of impunity. 

On the 23d of February, 1818, I submitted to the legislature a 
communication from the state of New-Jersey, relative to the set- 
tlement of the controverted eastern boundary line of that statf? . 



DE WITT CLINTON. 197 

I proposed the appointment of commissioners, with authority to 
make a case containing all the facts relative to our respective 
claims of jurisdiction wherever they may interfere, to the end that 
the same might be submitted to the consideration and final decision 
of the supreme court of the United States. Although this over- 
ture was dictated by a spirit of amity, and was entitled to and re- 
ceived the most respectful attention, yet it was not deemed expe- 
dient by the legislature to accede to it. In the mean time, the 
non-adjustment of the difference has been productive of feelings 
of irritation, which ought not to be entertained by sister and neigh- 
boring states, and measures have been pursued in relation to our 
exclusive grant of steam-boat navigation, which are complained of 
as bearing hard on the rights and interests of our citizens. Let 
me call your attention once more to this subject, and express a 
hope that speedy and effectual measures may be adopted for a final 
adjustment ; which, I trust, may be accomplished without com- 
promiting the honor, or sacrificing the interests of either of the 
states. 

The final settlement of the claims of this state against the Uni- 
ted States, has been procrastinated by the intrinsic embarrass- 
ments of the case, by the difficulties connected with the obtain- 
ment of vouchers, and by unavoidable delays attending an adjust- 
ment with the accounting officers, of claims so various, complex 
and extended ; and I find that some other states, having similar de- 
mands, have encountered the same inconveniences. I have how- 
ever instructed the agent of the state to complete this business im- 
mediately, and, in the course of a short time, 1 hope to communi- 
cate to you a detailed and satisfactory report on the subject. 

It is perhaps not an extravagant estimate to say, that the state 
has surrendered the benefit of property escheated by alienage to 
the amount of three millions of dollars : and it is certainly pro- 
per to mention, that this munificent spirit has not been reciproca- 
ted by foreign nations. I submit this subject to you without any 
other remark than merely to suggest the propriety of protecting 
the bona-fide purchases of our own citizens when we make such 
liberal provision for the benefit of aliens. 

Grand Island, a very valuable tract of land in the Niagara river, 
has been appropriated for the benefit of the canal fund. By vir- 
tue of a statute passed for that purpose, I caused the expulsion 
from that island of a considerable body of intruders, and since that 
event a number have renewed the aggression to the great injury 
of the state, and in defiance of its authority. As it is questiona- 
ble whether the power granted to the executive by the act is not 
spent, it may be advisable for you to take this subject into con- 
sideration. 

The statute passed at the last session, proscribing the use of oaths 
in certain cases, as unnecessary and unfavorable to the morals and 
good order of society, has been very satisfactory to those naerito- 



198 governors' speeches. 

rious citizens who believe that oaths are repugtiaut to the injunc- 
tions of our holy religion : and as there appears to be a general 
opinion in favor of the expediency of the measure, it is to be 
hoped that on all future occasions we will not lose sight of a prin- 
ciple recommended to our countenance by such impressive con- 
siderations. 

While it is highly proper that adequate measures should be adop- 
ted for the destruction of noxious wild animals, yet it by no means 
follows that extravagant rewards should be drawn from the public 
treasury, and undue burthens imposed on landed property for that 
purpose. Independently of local premiums, there has been paid 
by the state for the six last years (as will appear from a statement 
herewith submitted) ;^ 13,983 for the destruction of wolves ir» 
Franklin county, while during that period, ^5,810 77 only have 
been received in taxes from that county, and the state has paid be- 
sides ^32,595 25 for the arrears of non-resident taxes. 

The condition of the Indian tribes in this country demands our 
sympathy and assistance. Rapidly diminishing before the progress 
of our settlements, and feeling the impossibility of pursuing their 
favorite employments in the vicinity of civilization, several of their 
leading men have for a long time contemplated a removal to more 
distant and sequestered regions, where their existence as a people 
may be prolonged ; and on the 18th of August last, a treaty was 
made at Green Bay, in the territory of Michigan, between certain 
deputies of the Oneida, Onondaga, Seneca, St. Regis, Stockbridge 
and Munsee nations, residing in this state, and the head men and 
chiefs of the Menomini and VVennebago nations of Indians, for the 
purchase of an extensive territory in that quarter. Whether the 
arrangement will receive the approbation of the general govern- 
ment, or the ratification of our Indian tribes, I am not at present 
advised ; but whatever may be the result, whether they remain or 
depart, I trust that this remnant of our red population will always 
experience our liberality and protection. A copy of this treaty 
will be communicated for your information. 

The state of our criminal jurisprudence isi at all times worthy 
of our attention. We are now trying whether punishments com- 
paratively mild may not operate efficaciously on society by pre- 
venting crimes, and on criminals by producing reformation. In con- 
sidering and prosecuting the latter object, in a spirit of benevolence, 
and with commendable attention and anxiety, we have perhaps not 
always sufficiently estimated the superior importance of the for- 
mer. The end of punishment is the prevention of crime, by the 
infliction of pain and the operation of fear ; and if, in exercising 
this salutary influence on society, it can at the same time restore 
the guilty to virtue, it will be entitled to additional credit. Our 
present system may be improved in a moral classification of offen- 
ders, in the introduction of solitary imprisonment, in the establish- 
ment of a diet adapted to the nature of the offence, and the ch3 



DE WITT CLUNTTON". 199 

racter of the criminal, and in a division of prisons, appropriating 
one for the reception of minor offenders, and the purposes of pro- 
ductive labor and personal reformation ; and the other to severe 
and inexorable punishment, where society should not afibrd its com- 
forts, nor labor its employments, and where the pardening power 
should never reach. 

A proper arrangement of diet is an idea too familiar to require 
illustration ; but it may not have occurred to you that a scale ot 
punishments may be established under the general head of solitary 
confinement. The most severe infliction would be entire solitude 
in darkness, without employment, and the only food bread and wa- 
ter : the next would be total seclusion, without employment, in 
light, and with the same means of subsistence. Again, the same 
■with employment ; then solitary confinement with improved food ; 
and nnally, solitary seclusion occasionally. The adoption of this 
j)lan might supercede the necessity of protracted confinement. 

It is certainly advisable to direct your view at our criminal code 
in general, and to remed}^ some of its glaring defects. In the in- 
fliction of punishment there is too great a latitude allowed to judi- 
cial discretion. Some offenders are punishable with imprison- 
ment in the state prison for life, or some shorter period in tiie dis- 
cretion of the court, or some shorter period not less than seven 
years ; while others are liable to be imprisoned for terms not ex- 
ceeding fourteen, ten, seven, five and three years. There are 
fifty-two courts of general sessions in the state, besides courts of 
special sessions, which last have cognizance of petty oft'ences ; 
and courts of oyer and terminer are held in each county. The 
measure of punishment is too often regulated by the personal 
character of the judge, or by adventitious circumstances not in- 
herent in the crime ; in some cases too mild, in others too severe : 
and frequently requiring the correcting interposition of the exe- 
cutive where it can be applied. Again, imprisonment for life is 
enjoined in all convictions of burglary, or feloniously breaking in- 
to or taking any goods or chattels from any dwelling house, any 
person being therein, and put in fear ; or of robbing any person 
in any place whatever. It is well known that these offences arc 
in many instances merely technical, attended with no aggravated 
circumstances, and not worse in character or consequences than 
ordinary grand larcenies. For counterfeiting metalic money, the 
offender is doomed to the state prison for life ; for counterfeiting 
paper money, or in other words, bank notes, he may be sentenc- 
ed for a shorter period. Several felonies are merely construc- 
tive, and do not require severe punishment, and yet no discrimina- 
tion is made. 

The canal commissioners have, in pursuance of the powers 
vested in them by law, authorized the employment of some con- 
victs in operations connected with the western canal ; but the 
experiment has not answered any useful purpose. And as this 



200 governors' speeches. 

provision is not required by the public exigencies, and may have a 
tendency to disparage the exertions of honest and meritorious in- 
dustry, I would recommend the repeal of the statute. 

Having already occupied a considerable portion of your time. 
I shall no longer detain you from your important functions, but 
shall reserve for future communication some subjects that may 
merit your consideration. And whatever diversity of opinion 
may exist, [ am persuaded that we wdl all co-operate with a sin- 
cere and entire devotion to our solemn and momentous duties, in 
cheriiihiig a spirit of conciliation and forbearance, and in cultiva- 
ting that respect which we owe to each other and to ourselves. 

DE WITT CLINTON. 

Albany, January 2, 1822. 



JOSEPH C. YATES. 



The Legislaiurc met at the Capitol in the City of Albany, on 'th-e 
seventh day of January, one thousand eight hundred and tzcenty- 
ihrcc, zdien the Governor transmitted, by his Private Secrotary, 
CziuiSTOPiiER Y. Lansing, Esq. the following 

MESSAGE : 

GrNTr.rr.ir.N of the Sexate axd of the Assembly, 

Tni: situation in which we are at present placed, is peculiarly 
interesting, and highly responsible ; and while addressing the first 
legislature convened under our new constitution, from a situation 
to which, by the favorable opinion of my fellow-citizens, I have 
been elected, and in obedience to the commands of that constitu- 
tion, presenting; and recojuinending for their consideration, some of 
the various subjects which will necessarily claim their attention, 
during this, their first session, I feel sensibly, such peculiar inte- 
rest and high responsibility. 

In the performance of the duties of my station, I am satisfied, 
that 1 shall receive every requisite aid and support from your uni- 
ted exertions for the public good ; and while we have this object 
only in view, whatever difference of opinion shall exist, relative 
to the adoption of means to promote the welfare of the people, 
by whom we have been selected as agents, and intrusted with pow- 
er, I feel a confident expectation, that the judgment of charity 
will be extended towards each other, for the motives by which we 
are governed ; and I claim the kind indulgence of my fellow-citi- 
zens, for the errors which I shall unintentionally commit ; and 
while society must be governed by the limited capacity of human 
beings, subject to the conflicting temporal interests and frailties of 
human nature, errors will unavoidably occur, and even correct 
measures and conduct be pronounced erroneous. 

Resting in the consciousness of a correctness of my motives, 
and relying on the support of a superintending Providence, I shall 
endeavor, to the utmost of my ability, to promote t^e welfare of 
the people, and the best interests of the state. 

There has been only one period since the declaration of our 
independence, that the legislature of the state of New-York have 
been called upon to perform such high and responsible duties as 
at this session will devolve upon you ; and when we reflect upon 
the conduct of those who formed the first constitution of this 
state, and organized a government, every well ordered mind must 
be led with gratitude to bow before the thoroae of Grace, return- 

26 



202 governors' speeches. 

ing fervent thank? to the God of heaven and of earth, uho raised 
up for us, in that time of need, men eminently endowed with great 
intelhgence, integrity, and superior, I had almost said inspired, 
views of the rights and liberties of man. The checks and balan- 
ces of the old constitution of this slate were admirable, when judg- 
ed with reference to the time in which it was adopted ; juot 
emerging from a state of colonial dependence, and while des- 
perately, and almost convulsively, struggling to break the fetters 
of trans-atlnntic despotism : almost every man in the community, 
at that time, possessing high ideas of the necessity of a strong exe- 
cutive power, and great legislative independence ; and although 
we have amended what we have deemed its errors, and what, in 
the present state of the community, were really such, yet the 
candid mind cannot but admire and applaud its great comparative 
excellence. 1 could not, gentlemen, withhold at ihis time, and on 
this occasion, the expression of my affection and veneration for 
those men, great in intellect and honesty, several of whom were 
personally known to many of us, who, having placed and seen 
their country in prosperity and the enjoyment of liberty, have 
gone to sleep vvith tlieir fathers, until the great day of retribution. 

This government has, by the late amendments, been adapted to 
the present feelings and views of the community, the only proper 
standard by which a good government can be formed ; and no time 
for its re-organization could be more auspicious than the present. 
The peaceful state of the country, and absence of any asperity in 
party contentions, vv'ill enable you to obtain the benefit of each 
others' candid views of every measure ; and although it is obvi- 
ous, that in the enactment of laws, in compliance with the new 
previsions of the constitution and the re-organization of the go- 
vernment, many unexpected diificulties and embarrassments must 
unavoidably occur, yet by mutual forbearance, when you may 
differ in opinion, and by great attention and circumspection in the 
adoption of measures, these will vanish. 

To you, as the first legislature assembled for the purpose of re- 
organizing this government, clothed with plenary powers to apply 
the provisions of that constitution, and limited only by its articles, 
the people look for wisdom, prudence and self-government, and I 
do not hesitate to indulge a contident expectation, that their hopes 
will not be disappointed. 

The principal portion of your time and attention will probably 
by devoted to passing such laws as have become necessary, under 
the existing constitution. I have, therefore, thought it proper to 
contine myself to such prominent subjects of legislation as will 
probably, under such circumstances, be presented for your con- 
sideration. 

Among the various and highly interesting subjects claiming your 
attention, the most important is the arrangement and organization 
of the judiciary. It is one that ought to be approached with great 
caution, but with full and competent decision : It must be acted upors 



JOSEPH C, YATES. 203 

with firmness, yet Viitli the greatest discretion ; its responsibility to 
the community tuUy retained, and its independence amply secured ; 
so that no executive, legislative, or other intluence can be brought 
to bear upon it in such a manner as to have a deleterious effect 
upon its deliberations or decisions. The division of its labors so 
made, that it is within the reasonable limit of human power toat- 
tend to its duties : that the execntion of the laws may be enforced ; 
justice extended to all, and deined to none ; its pecuniary support 
provided for, with such liberality that the most intelligent and best 
men may not teel as if they are doing themselves and their families 
injustice, by accepting the most responsible and highest public sta- 
tions in the gift of the government. The supreme court, now to be 
composed of three judges, is to receive its most considerable aid 
in the discharge of certain of its duties, by the establishment and 
appointment of circuit judgei:, pursuant to such division of the 
state into judicial districts, as you mi;y deem it advisable to make, 
and upon whom that important branch of our jurisprudence, the 
holding of courts of oyer and terminer, and nisi prius, will princi- 
pally rest. Those judges may also, at the will of the legislature, be 
considered and made assistants to the chancellor. The powers 
given to them, and the duties they are required to perform, as 
specially stated in the constitution, with such as may be assigned to 
them by law, are of a character deeply interesting to the welfare 
of the state. 

It will become your province to divide the state into districts, 
according to the fifth section of the fifth article of the constitution, 
and to invest them with such additional powers as you may deem 
proper, and may fall within the range of legislation. 

An able, faithful, and impartial judiciary is not only the greatest 
ornament of the state, but the best security against tyranny and 
oppression. On its intelligence, firmness, and integrity, the lives, 
the property, and liberties of the people in a great measure de- 
pend. This state has never failed duly to appreciate its impor- 
tance as blended with its prosperity and honor ; and while we are 
careful not to indulge in large and extravagant compensations to our 
public officers, it will not be deined that the independence of our 
judges is promted in no small degree, by the permanency and ade- 
quacy of their salaries ; thus enabling them on the one hand to 
devote their whole time and attention to the discharge of their ju- 
dicial duties, and on the other, to be above the reach of any tempta- 
tions to neglect them. This consideration derives additional force 
from that part of the constitution which disqualifies them from ac- 
cepting or being candidates, for any other office from the legislature 
or the people, during their continuance in their judicial stations. 
While on this subject, permit me also to remark, that legislative 
provision appears to be necessary with regard to the powers vest- 
ed in the court of probates by the old constitution, and with re- 
gard to the manner of vesting them under the new, and of regula- 
ting appeals therefrom. Whether such regulations will render 



201 GOVKRNORS" SPEECHES. 

provisions concerning the oflice of surrogate necessary, must be 
submitted to your Avisdom and discretion. 

It will be requisite to declare by law, the time and manner of 
electing militia ofhcers, and of certifying their election to the exe- 
cutive. 

The attention of the legislature has frequently been called ta 
the important and interesting subject of regulating the militia ; it 
has become more interesting because of the variety of opinions 
which ahv:iy=: have and stii! do exist in I'elation to the necessity qf 
attention to it. But I have ahva3's entertained the opinion, that it 
h not possible to maintain a government peri'ectly free, wilhont ;j 
reliance on a militia, for defence against insurrections and sudden 
incursions, and for volunteer aid in the forn)ation of armies, when 
we may be afllicted n'ith war : and in order to acco-mplish these 
objects, unremitted attention ought always to be paid to the organ- 
ization and discipline of the militia. I therefore reconmienti a 
full examination of our militia laws, to your consideration. 

There are at present, ;\ very considerable number of officers 
for whose appointment no constitutional provision exists, other 
than a general power delegated to the legislature, to regulate the 
manner of making such appointments, and to limit their duration. 
Among these are the ollice of surrogate, auctioneer, commissioner 
to take acknowledgments of deeifs, justices in cities, and some 
others, not deemed necessary here to enumerate, but which wi!!, 
doubtless, in the discharge of the duties imposed uj)on you by 
the constitution, receive their proper share cf your labors and 
attention. 

That part of the constitution wliich declares that the proceeds 
of all the public lands, with certain exceptions, belong to the 
school fund, and shall remain perpetually a-nd exclusively appro- 
priated to the support of common schools throughout the state, 
requires attention. The tracts thus set apart for that purpose, 
contain nearly one million of acres ; most of these lands, however^ 
remaining unproductive at this time, I submit to the legislature, 
whether the wise and patriotic intentions of the framers of our 
constitution, will be best promoted, by allowing them to remain in 
their present state, or to direct a sale of the whole, or a part, 
equal to a principal rendering an interest sufficient to make good 
the annual deficiency in the present school revenues. The sub- 
ject of education is interesting to the happiness of every govern- 
ment and people, but more especially to a repubHc, having for 
its basis and permanency the intelligence and virtue of the people. 
To recommend it to yoqr anxious care, is, I haye not the least 
doubt, anticipating your inteptions. 

During the recent elections under the new constitution, difficul- 
ties have arisen at some of the polls with regard to the true con- 
struction to be given to the article which defines the right of suf- 
frage. 

The Intention of the makers of the constitution ought to be re- 



JOSEPH C. YATES. 20j 

alized, and it is with you, as far as may fall within the ?cope ot' 
your constitutional powers, to pass explanatory laws, enabling the 
inspectors correctly to ascertain the citizens entitled to vote, and 
thus prevent improper exclusions by hasty and unadvised decisions 
during the election. 

The right of suflVnge is of the highest value to the citizen, as 
all our civil institutions, anfi the purity and correct administration 
of our law.-, in a great measure depend upon its legitimate or 
constitutional exercise ; any forced construction, therefore, where- 
by this right might be unjustly refused or usurped, ought to he 
guarded against by the enactment of laws conformably to the spirit 
and intention of the constitution. 

The criminal code which has so frequently attracted the atten- 
tion of the legislature, may still be cori^^idered in many respects 
susceptible of im{)ortant improvements. 

Dur'nii the b-.st autumn, whilst engaged in my official duties, as 
one of the justices of the supreme court, I visited the prison at 
Auburn, and from the representation of the inspectors of that prison, 
connected with actual observation, I am perfectly persna.ded, that 
experience, there authorised by a late statute, has fully demonstra- 
ted that solitary confinement without labour, and where the pri- 
soner is restricted in his diet, limiting such imprisonment in its du- 
ration, according to the nature of the offence, presents the best 
means of reclaiming the offender ; and according to the benign 
intentions of our penitentiary system, of fitting him for future use- 
fulness, in case he should thereat'ter be restored to society. I re- 
commend this highly interesting subject to your serious and ma- 
ture deliberation, in the hope that you will come to such results 
as will edGctually insure the important object, intended by the in- 
troduction of this humane and valuable principle into our criminal 
code. 

It gives mc much pleasure to state, that the canal system, so 
wisely adopted and successfully pursued in the state, promises to 
realize the expectations of the community. The convenience al- 
ready afiordod to the inhabitants, by the facility with which the 
products of the country may be brought to market, has exceeded 
the most sanguine hopes of its warmest supporters. 

From a general view of the state of the treasury, it appears 
that the receipts during the year ending the 30th November, 1822. 
were ^915,705 39, which, together with the sum remaining in the 
treasury on that day, amount to $1,032,919 42. The pay- 
ments during the same period, were $924,094 89, leaving a balance 
in the treasury, of $108,824 53, of which, however, only $27,- 
45.3 66, can be applied to the ordinary expenses of government ; 
the residue being appropriated for specific purposes. The public 
debt on the 1st December, 1822, amounted to $5,423,500, of 
which $4,243,500 are for monies borrowed to complete the canal; 
Several specific sources of revenue, such as the duties on salt, 
sales at auction, the commutation for the tax on steam-boat pas- 



206 governors' speeches. 

sengers, and the canal lolls, are appropriated to the extinguish- 
ment of the canal loans and the interest thereof. It has not, as 
yet, been found necessary to resort to any other sources of reve- 
nue to meet the payment of the interest ; the principal being ir- 
redeemable, by the terms o{ the loan, for several years. 

The difficulties existing between this state and the state of New- 
Jersey, concerning our territorial and jurisdictional limits, still re- 
main unadjusted ; and it is very desirable that measures should be 
adopted to terminate a controversy between two sister states, which, 
in so great a degree, interrupts the harmony and intercourse that 
ought to exist between them. Whether the aid of the congress of 
the United States should be required in this delicate aflair, or 
whether it is not more discreet and proper that a further attempt 
should be made at negcciation or compromise, in the appointment 
of commissioners, are subjects affecting the character and interest 
of the state, and must be su'omitted to your wisdom and discretion. 

Before 1 conclude this couTinunication, I submit to you the pro- 
priety of directing a revision of all the public statutes of the state. 
The adoption of the new constitution has rendered many of our 
statutes inapplicable to the existing state of things ; and many 
others, particularly in our penal code, are distributed into so many 
volumes, though relating to the same subject, that references to 
the different laws are rendered extremely (hfficult. in a new re- 
vision, those difficulties might be removed, by condensing into one 
statute, each subject of legislation, and arranging them under pro- 
per heads, so that the people at large might clearly comprehend 
them ; besides, much might be gained by omitting several obsolete 
statutes now appearing in our statute book. Various other im- 
provements might be suggested, but they will readily occur to the 
legislature, should the subject receive a discussion. Whatever 
other matters are necessary to be submitted, will be communica- 
ted by special message. 

Notwithstanding the commercial metropolis of this state has, 
during the summer, been visited by one of those afflicting dispen- 
sations of divine Providence, which not unfrequently prove the 
scourge of a dense population, yet we have reason to be thankful 
that the pestilence has been stayed, and health and business re- 
sumed their wonted influence in that city. 

By a report or communication of the mayor of the city of New- 
York, to the common council, made on the 25th of November 
last, and by that officer recently transmitted tome, it is proposed 
to erect a public hospital for fever patients, at a convenient dis- 
tance from the city, to prevent the spread of the disease ; and to 
which it is confidently expected, persons will, without reluctance, 
suffer themselves to be removed, as the situation would be more 
healthy, and afford them pure air, good nurses, and the best medi- 
cal advice and attendance. While an estabhshment of this sort 
would be of the greatest advantage to the metropolis, it would 
have the additional recommendation, that its doors would necessa^ 



JOSEPH C. YATES. 207 

iijy be opened to receive non-resident patients wlio might untbr- 
tiinately take the infection while in the city : and it being manifest 
that such a measure must essentially contribute to alleviate the dis- 
tresses of a portion of our fellow creatures, if not prevent the 
ruinous consequences of the disorder to the city and country alto- 
p;ether, and thus in a precautionary as well as philanthropic point 
iif view, promote the welfare and prosperity of both ; their in- 
terests in that respect being mutual. It is submitted to yourcon- 
.'idoralion whether some legislative assistance ought not to be af- 
forded to encourage so humane and useful an undertaking. 

I congratulate you also, fellow-citizens, upon the prosperous 
condition of our country. We have maintained peace with all 
nations ; our foreign relations have continued undisturbed, and 
the high reputation of our national government is still the theme of 
r-vcry patriot, and the admiration of the world. 

The prosperity of our own state, in its agricultural, manufactur- 
ing, and commercial relations, and the many other blessings which 
by divine Providence we are permitted to enjoy, call for our most 
sincere aspirations of gratitude and praise ; and while I shall ear- 
nestly pray for their continuance, I pledge myself to unite with 
you in every measure to preserve the honor, secure the rights, 
and perpetuate the freedom and ha])piness of our beloved country, 

JOSEPH C. YATES * 

Mhany. Jamiarij 7, 182<3. 



On the sixth day of January, one thousand eight hundred and 
twenty-four, the Legislature met at the City of Albany, when the 
(lovernor transmitted, by his Private Secretary, CHPasTOPHEP, 
Y. Lansing, Esq. the following 

MESSAGE : 

Gentlemen of the Senate and of the Assembly, 

After a period of the most anxious solicitude, whilst performing 
the arduous and highly responsible duties of your first chief ma- 
gistrate, in organizing the government under the existing constitu 
tion, it affords me inexpressible consolation to state, that through 
the favorable dispensations of a superintending Providence, the 
authorities constituted under it, are in full and successful operation. 

The court of chancery, and the supreme court, two of the most 
important state tribunals, have been held since the last session of 
the legislature, at the usual periods ; and I have reason to believe 
in a manner satisfactory to the public. Circuit courts, together with 
<"ourt8 of oyer and terminer, have also been held in every county 



208 governors' SPEECllKS. 

throughout the difierent districts. The industry and ability man- 
ifested by the gentlemen who presided on those occasions, have 
i;;iven general satisfaction ; and experience has ah-eady evinced the 
utility, as well as necessity, of those courts, and has created a con- 
iidence, that the system as now established and conducted, will se- 
cure to the citizens a prompt and correct administration of civil and 
criminal justice ; an object of vital importance to the ])rcservation 
of the liberties and the security of the property of a republican 
community. To prevent inconvenience and embarrassment in con- 
ducting criminal prosecutions, in the unavoidable absence of the 
public prosecutor, by sicknes's, or other sufhcient cause, which in 
so extensive a territory, composed of a great number of counties, 
?nust frequently occur ; the courts of oyer and terminer have, on 
several occasions, been obliged to aj)point persons to attend to the 
Inisiness on the part of the people, without provision by law to re- 
munerate them for their services. Permit me, therefore, to sug- 
gest the propriet}' of authorising the court, in the absence of the 
district attorney, to appoint a substitute ; and on trials involving the 
life of the prisoner, an assistant, if deemed necessary ; whose ser- 
vices, in both cases, might be paid in the same manner with those 
of the district attorney ; the amonnt to be settled by the court, or 
the certificate of the presidingjudge. 

By t^ie act limiting the number of justices of the peace in the 
several counties, not more than four are allowed in any town, leav- 
ing a discretion to the former council of appointment as to a smaller 
number. Such discretion could be exercised by the governor 
and council, without embarrassment ; because the power then rest- 
ed with, and emanated from, a single source ; but accortling to the 
existing mtmner of appointment, the judges of the county courts, 
and the supervisors respectively, nominate, not exceeding lour in 
any town ; and instances have recently occurred, of nominations in 
ivhich tliey differed as to the number. The selection on the part 
of the governor, being confined by the constitution, to a disagree- 
ment in the persons nominated, no adjustment of this difference of 
opinion can take ])lace ; and the town must consequently remain 
deprived of the same number of justices with other towns in the 
county. To prevent the like collisions in future, an amendment 
to the statute is recommended, making it imperative on both to no- 
mitiate a specified number for every town in the county. 

The act to regulate sales b}' public auction, ought also to be so 
amended, with regard to the appointment of auctioneers, as to re- 
move all doubts in prosecutions for the penalty against persons sell- 
ing without authority in violation of the provisions contained in it. 
The remarks submitted in a former communication, as to the situ- 
ation of our statute book, are verified by daily experience. It is a 
fact, that many of our statutes are rendered inapplicable to the ex- 
isting state of things under the constitution recently adopted ; and 
principles contained in different statutes applicable to the same sub- 
ject, are distributed in so many volumes, as to make an investiga- 



JOSEPH C. YATES. 209 

tion difficult, and extremely laborious ; almost without the reach 
of the citizen, unless he is a proiessional cliaracter. It is there- 
fore submitted to your consideration, whether a revision of the laws 
at this time, has not become indispensably necessary. 

To etfect material and tHidical alterations in the constitution and 
government of a country, advantageous to the great mass of the 
comniuuity, without molestation from abi'oad, or commotion at home, 
gives a character of stability and energy to free institutions, not 
known to the world, until exempliiied by the people of the United 
States of America. The citizens of the southern part of this con- 
tinent, are now engaged in an arduous conflict with the mother 
countr}', to etfect the same purpose ; and although their transatlan- 
tic bretliren have been subciued by the arm of power, and have 
been prevented from establisliiiig a government according to the 
choice of the Spanish nation, by the despotic measures of foreign 
authority, it is evident that the South American patriots will not be 
deterred from persevering, until an ctiectual emancipation shall 
have been attained, by the estabHshment of a government accor- 
ding to the will of the people ; and we have reason to believej, 
consonant to the liberal principles of free republican institutions. 

Notwithstanding the interested feelings necessarily existino- 
amongst our citizens with regard to the destinies of the inhabitants 
of this continent in particular, still it is impossible for the bosoms 
of freemen to be exempted from the most lively emotions in favor 
of the cause in which the Greeks are engaged. A nation, persecu- 
ted and depressed for centuries past, struggling to shake off the 
unhallowed fetters of despotism, to regain their independent na- 
tional rights, must create feelings of sympathy favorable to their 
cause ; and it ailbrds the greatest satisiaction to observe, for the 
honor of the American citizens, that a deep interest in favor of 
their success, pervades the community, not confined to sensations of 
•sympathy alone, but evincing by meetings publicly announced, a de- 
cided determination to render them assistance in their present pe- 
rilous situation, in a manner the most inoffensive and unexceptiona- 
ble in a national point of view, — conduct so laudable and disinte- 
rested, as friends of the human family, cannot fail to meet the ap- 
probation and applause of the civilized world. 

The Militia law of the last session, has introduced a system requi- 
ring labor and attention, beyond what could have been anticipated 
by the legislature, or more ample provision would undoubtedly have 
been made to organize under it. The duties of the adjutant-gene- 
ral have incessantly occupied his exclusive attention since the close 
of the last session ; so that, with the assistance rendered in my of- 
fice, where the papers are now kept on regular file, he has been 
enabled to perform those duties without delay or disappointment to 
any one, unless rendered unavoidable for the want of proper doc- 
uments, it is not deemed necessary at present, to enter into a mi- 
nute detail of the business of that office. When the subject is 
brought up before you, it will of course be inquired into. It is 

27 



210 governors' speeches. 

sufficient on this occasion to state, that vacancies and elections con- 
stantly produce returns, with various questions to be submitted lor 
the decision of the commander in chief, and a continued and ex 
tensive correspondence is kept up with almost every part of the 
state, on subjects necessarily arising out- of the nature of the esta- 
blishment. It is, therefore, suggested, whether a department so 
intimately connected with the welfare and safety of a represen- 
tative government, ought not to be provided with means to con- 
duct it commensurate with its importance. Assistants, or clerks, 
and a room for an office, to which citizens can resort to transact 
their business, and in which the numerous public documents con- 
nected with the department might at all times be found, it seems 
to me, has become necessary. 

The operation of the system lately adopted, of electing militia 
officers, cannot at this early period be ascertained ; but from the 
beneficial effects produced in a neighboring state, where a similar 
system prevails, we have reason to expect it will eventually prove 
advantageous. The greatest care and attention has not been 
wanting to enforce a strict compliance with the directions of the 
statute, to prevent appeals as far as possible, not in some instan- 
ces, however, to be avoided ; nor is it extraordinary that it should 
be so on the lirst infi oduction of a system where the accustomed 
practice of being governed in promotions by rank or seniority is 
frecfuently disregarded by the electors, and where the irritation 
excited by being thus overlooked, oftentimes has originated ap- 
peals founded on unimportant deviations from the rules and regu- 
lations established, and the direciions contained in the militia law j 
occurrences only to be rendered less frequent in the exercise 
or more enlarged and liberal views by the parties interested, 
which future experience Avill necessarily introduce and inculcate. 
Several useful amendments to the existing law might be suggested ; 
but as the subject, in all its branches, has recently been recom- 
mended to congress, (the paramount authority,) it is thought 
most discreet and proper, in order to prevent future collision, to 
recommend the postponement of all amendments not exclusively 
within the province of the state legislatures, until the result of 
their deliberations shall be known. 

From a representation made by the commissary -general, it ap- 
pears that in the month of December last, there have been receiv- 
ed into the arsenals, from the general government, six thousand 
nine hundred and ninety-five stand of best quality muskets, being 
the balance due the state for its quota of arms, under the act of 
congress of April, eighteen hundred and eight, for arming the 
militia, and that on an application made to the war depaitnr en; at 
Washington, to deliver pieces of field artillery in lieu of a por- 
tion of those arms, it appeared they had none on hand of suitable 
size for field service which could be spared. The commissary- 
general's department consequently remains deficient in upwards 
of fifty pieces of field ordnance, necessary for the equipment oi 



JOSEPH €. YATES. 211 

scompanies ot artillery, already organized. The propriety of 
making an appropriation is therefore suggested, for the purpos^ 
of mounting and equiping a sutTicient number of pieces of artil- 
lery for the militia service. 

The state prisons, at New-York, and at Auburn, have both 
been visited by me, since the adjournment of the legislature, and, 
on the strictest inquiry and examination, I was pleased to find that 
the gentlemen under whose cave and superintendence they are 
respectively conducted, by their judicious arrangements, as it 
respects the internal government ot" those institutions, have evi- 
dently manifested an earnest desire to secure the salutary purpo- 
ses for which the penitentiary system has been introduced. Af- 
ter duly receiving the return from the agent of the state prison, 
at Auburn, according to the directions given to him by the ninth sec- 
tion of the act of the last session for the support and improvement 
of state prisons, &:.c, containing a particular statement of the dura- 
tion, severity and extent, of the solitary confinement of each pri- 
soner, I have thought proper to pardcn a number of the convicts, so 
contused, to prevent an undue increase of their pimishment, in con- 
sequence of a classification, which had been made, under the act 
of the second of April, eighteen hundred and twenty-one, and in 
pursuance of which, a number of prisoners had been confined in 
the solitary cells. In virtue of the filth section of the act, making 
appropriations for the support of state prisons, passed the seven- 
teenth of April, one thousand eight hundred and twenty-two, I have 
directed thirty convicts to be removed from the New- York prison 
to Auburn, where the accommodations will enable the persons ha-. 
ving the charge of that institution, to comply with the terms of 
their sentences : a measure which had become indispensable, to 
relieve the New-York prison, for the want of solitary cells, and 
on account of the number there confined. 

By a concurrent resolution of both houses of the legislature, at 
their last session, the executive of this state was requested to com- 
municate with the president of the United States, in relation to the 
unjust operation to the interest and prosperity of a large portion of 
the citizens of this state, by the enforcement of the act of the 
parliament of Great Britain, passed the fifth of August, one thou- 
sand eight hundred and twenty-two, regulating the commercial in- 
tercourse of the United States with the Canadas. A letter has 
accordingly been addressed by me to the president, on the subject 
contained in those resolutions. By his late message to the congress 
of the United States, it appears that the subject has been taken up 
by the general government, and that a negociation has been opened 
with the British nation, embracing the just claim of the citizens of 
the United States, inhabiting the territories bordering on the lakes 
and rivers which empty into the St. Lawrence, to the navigation of 
that river to the ocean, which it is to be hoped will terminate in the 
removal of the existing restrictions and impositions, to which the 
citizens, residing in the western and northern parts of this state, 
are subjected. 



212 CiOVERNORS' SPEECHES. 

The agriculture of the state, is rapidly progressing, in advanta- 
geous and substantial improvements ; and, it is to be regretted, that 
the manufacturing interests, so essentially connected with it, the 
soil producing many of the raw materials, is not in the same pro- 
gressive state. 

To ensure the permanent independence and substantial interest of 
a nation, proper and energetic measures ought not to be neglected by 
its government, to prevent, as far as practicable, a dependence on 
foreign supplies for articles of domestic consumption. During the 
late war with Gi*eat Britain, manufacturing establishments of vari- 
ous descriptions, for fabrics since imported to an alarming ex- 
tent, were in successful operation, sutTiciently so to test our aliiliiy 
and capacity to supply the necessities of the country, but, for the 
want of due encouragement, by counteracting duties, to prevent 
the destruction of those manufactories, as well as to avoid an alarm- 
ing foreign indebtedness on the part of our citizens, some of them 
have ceased to exist, but others have been continued, by the un- 
wearied perseverance and cnterprize of meritorious citizens, 
whose confidence in the fostering care of government, eventuall}^, 
to sustain them, could not be shaken ; and I trust that the period 
has at length arrived, when an almost united and general opinion, 
favorable to their support, by discreet and competent encourage- 
ment, pervades the community ; and which, it is confidently hoped 
and expected, will not be disregarded by the constituted authori- 
ties of the country. 

During the last year, the Champlain canal has been rendered 
navigable to the Hudson river, at the city of Albany, and the com- 
pletion of the Erie canal, the ensuing season or the summer fol- 
lowing, is rendered mor.ally certain, so that the period is not dis- 
tant, when we shall fully experience the benelits and important 
advantages secured to our citizens, by this unexampled improve- 
ment. A more propituous era, connected with the growth and 
prosperity of our country, cannot well be imagined; and in taking 
a retrospective view of the enterprize and patriotism of our pre- 
decessors, it is diflfcultto suppress the most endearing emotions of 
respect and gratitude, for the memory of those with whom this vastly 
important and useful project of connecting the western and nor- 
thern lakes with the waters of the Hudson, first originated. On 
examining our statute book, we find as early as seventeen hundred 
and ninety two, within nine years after our revolutionary strug- 
gle, and whilst the western and northern parts of the state were 
a perfect wilderness, a legislature composed almost exclusively of 
those who had contributed towards achieving our independence, 
and whose zeal and devotion for their country's good, it seems 
did not cease vvith that memorable event, passing a law incorpo- 
rating two inland navigation companies, one for the western and 
another for the northern part of the state, both of which com- 
menced their operations and expended large sums of money. 
The northern company soon desisted, but the western continued 



JOSEPH C. YATES. 213 

vheir exertions, allhough connvarativcly circnmsnlbed, on acconnl 
of the situation of tlie country, and the source from whence their 
funds were derived. But those incijient measures introduced 
further inquiry and investigation, and after a great poition of the 
western and northern parts of the state became inhabited, the sub- 
ject claimed and received the attention of many of its enterprising 
citizens ; who caused examinations and surveys to be made, 
v/hich resulted in a conviction that the undertaking was too exten- 
sive, and probably, not within the reach of private capital, and 
that this great work could be accomplished only by the state itself. 
This opinion continued to gain ground, until it became manifest 
that a large and respectable portion of the citizens were its advo- 
cates ; and the proper period to Ibrward the views and intentions 
of its friends and supportei-s, soon arrived. Measures were ac- 
cordingly adopted, to proceed the most eftectually in the prose- 
cution of the work, and alter extinguishing the existing rights of 
the western inland navigation company, those measures were per- 
severed in, by tlie people of this state with ardor and uncommon 
unanimity ; abundantly evinced by the united and uniform sup- 
port of their representatives, ill voting annual appropriations of 
sums of mone3% unusual in amount to bo granted within so short 
a period for the like purpose, by the government of other coun- 
tries, possessed of much greater and more extensive resources. 

The Champlain canal having been finished, and the Erie canal 
being in operation for upwards of two hundred miles, it is submit- 
ted to you, whether independent of providing the necessary means 
to enable the commissioners to finish the western section, legisla- 
tive interposition has not become necessary, in conducting the ex 
tensive concerns connected with the operation of the system, as 
far as it has progressed ; and to expedite the adjustment of exist- 
ing claims for damages of meritorious citizens, who have patiently 
submitted to privations arising out of the necessity of the measure, 
for public good ; but from whom a just and equitable renmncra- 
tion ought no longer to be withheld. 

The navigation of the Hudson since the introduction of the c:!- 
nals, has assumed an importance highly interesting to the citizens 
of this state. The same subject has heretofore been presented 
to the legislature, and commissioners have been appointed by a 
law passed for the purpose, to report a plan for improving the na- 
vigation of the river. Their report has been received, and ap- 
pears on the journals. By it, two plans, with estimates of their 
respective expenses, are given, one for deepening the chrin- 
nel of the river, and the other for a lateral canal for ship naviga- 
tion, but canaling is recommended as the most efficient plan, if it 
should be judged that the benefit to be derived from it, is of suffi- 
cient magnitude to make its adoption advisable. The report fur- 
ther states, that no extraordinary obstacles are presented to its 
execution, that the track indicates facilities which were not antici- 
pated before it was minutely explored. The accuracy of esti- 



214 GOVERNORS' SPEECHES'. 

mates, emanating from so respectable a source, cannot be ques- 
tioned ; and the amount of the expenses stated, ought not to be 
put in competition with the positive advantages to be secured by it 
to the country. The vast amount of property produced by the 
soil and by the industry of the western and northern citizens of 
this state, to be benetitted by sales at a market for direct exporta- 
tion, can readily be anticipated. If congress, therefore, would 
authorize a small tonnage duty on vessels passing through the con- 
templated canal, to be exacted by this state until the debt created 
to complete it, shall be paid off, and suffer such duty to be continu- 
ed in aid of the funds set apart for the payment of the canal debt, 
until the final extinguishment of that debt, it would be an object 
mutually beneficial to the state and to the general government ; as 
no reasonable doubt can be entertained but that the arrangement 
would in a short time eventuate, in a removal of the duties on salt, 
and in such a diminution of toll as would require a sum, sufficient 
only to defray the repairs and other expenses, incident to the use 
of the canal ; while congress at the same time would obtain an ad- 
ditional port of entry of considerable importance, and an exten- 
sively useful national improvement without immediately resorting 
to the public funds for its accomplishment. If it should be deem- 
ed expedient, to adopt the plan of a lateral ship canal, for the im- 
provement of the navigation as suggested in the report alluded to, 
a law might be passed authorising the prosecution of the work, 
upon condition that the assent of congress to the collection of 
such tonnage duties, as are specified in the act, should first be ob- 
tained by the commissioners named in it, to conduct the construc- 
tion of the canal. 

The growing importance of the New-York harbor, not only to 
the state at large, but as an arm of the sea, to the United States, 
claims the care and attention of the legislature ; the extension of 
improvements into the East river, under grants by the corporation 
on the Long Island shore, and the opposite side, is represented as 
assuming an alarming aspect, by contracting the navigation of the 
river, and consequently increasing the rapidity of the tide, which 
if continued must eventually render the anchorage dangerous and 
insecure, although hitherto considered the safest harbor around 
the island. The propriety is therefore suggested of appointing 
an mteliigent and respectable person as a commissioner to ascer- 
tain and prescribe the extent beyond which, no encroachments in 
future shall be permitted ; and to which, grants for the right of 
soil shall hereafter be limited ; or of adopting such other measures 
as you may deem expedient, more effectually to avoid and pre- 
vent consequences so highly detrimental to the community. 

The situation of the treasury is not materially changed from 
what it was the last year, excepting the increase of the public 
debt, occasioned by further canal loans. It appears that the re- 
ceipts, during the year ending the thirteenth of November, one 
thousand eight hundred and twenty-three, were one million one 



J09EPH C, YATES. 215 

hundred and thirty two thousand four hundred and eighty-four 
dollars and eighty-six cents ; that there has been paid out, during 
the same year, one rniUion one hundred and four thousand nine 
hundred and sixty-four dollars and forty-four cents, leaving a ba- 
lance in the treasury of one hundred and thirty-six thousand three 
hundred and forty-four dollars and ninely-five cents, to which is to 
be added sundry sums, deposited in the bank of the Manhattan 
Company, not yet charged to the treasurer, for want of cirtificates 
amounting to seven thousand tive hundred and thirty-live dollars 
and twenty-nine cents, making an aggregate balance of one hun- 
dred and forty-three thousand eight hundred and eighty dollars 
and twenty-four cents, from which must be deducted appropria- 
tions for speciiic purposes, amounting to one hundred and eighteen 
thousand live hundred and tive dollars and seventy-nine cents, and 
the further sum of eighteen thousand one hundred and seventy- 
one dollars, for notes of insolvent banks remaining in the treasu- 
ry, which leaves a balance, on the thirtieth day of November, 
one thousand eight hundred and twenty-three, of seven thousand 
two hundred and three dollars and forty-tive cents, for the ordi- 
nary expenses of government. 

The public debt, on the hrst of December, one thousand eight 
hundred and twenty-three, amounted to six million eight hundred 
and ninety-tive thousand tive hundred dollars, of which, tive mil- 
lion eight hundred and forty-three thousand tive hundred dollars, 
are for monies bori'owed to complete the canal. The sources of 
revenue appropriated to extinguish the canal loans, continue sufh- 
cient to meet the payment of the interest, without resorting to an}'^ 
other fund. It is, however, to be observed, that the repairs of 
the canal, as yet, have been paid out of the principal sums loaned ; 
but, after the whole work is completed, so that the amount of the 
incidental expenses of the canals may be ascertained and deducted 
irom the amount of toll during the season, a more accurate esti- 
mate will be formed of the actual avails of that fund. 

Since the law of the last session, in relation to the salt springs 
in the county of Onondaga, has been in operation, it is encourag- 
ing to tind, that the character of the salt manufactured there, has 
not only been restored, but it has been sufficiently improved, to 
remove, in a great degree, former prejudices against the use of it. 
A source of revenue so valuable, I have no doubt will continue to 
receive the superintending care of the legislature. To preserve 
the purity of the salt, and secure the confidence of the communi- 
ty, in the general use of it, is an object of too much importance 
to be neglected, and so essentially connected with the fiscal con- 
cerns of the state, that it should be regarded as a subject, at all 
times, deserving the highest consideration and attention. 

The choice of electors of president and vice president, has ex- 
cited much animadversion throughout the nation ; and it is to be 
regretted, that a uniform rule on this subject is not prescribed by 
the constitution of the United States. It is manifest, that the 



21 6 governors' speeches. 

manner ol' tiecting may have aa essential effect on the power 
and inlluence of a !^tate, with regai-d to the presidential question, 
by either dividing the votes, or enabling the state with greater 
certainty to give an united vote ; and until a uniform rule is in- 
grafted in the constitution of the United States, the manner of 
electing will continue to lluctuate ; and no alteration made by any 
one state, will produce a material change in the various modes now 
existing throughout tlie union. In some states the people will 
vote by a general ticket ; in some by districts, and in others by the 
legislature ; and no practical remedy probably does exist, compe- 
tent to remove the evil eilectually, except by an amenthuent to the 
national constitution. 

Although this state has heretofore sanctioned an attempt to ac- 
complish that important object, which proved unsuccessful, the 
measure, on that account, should not be abandoned ; and as the 
subject has recently been brought before congress, it is to be ex- 
pected, that another opportunity will shortly be presented, for the 
legislature of this state to sanction an amendment, not only esta- 
lilishing an uniform rule in the choice of electors, l)ut also securing 
the desirable object of directing such choice to be made by the 
people. A more propitious period, evincing its, propriety, and 
consequently affording a n^ore favorable prospect of obtaining a 
constitutional number of the states to assent to it, I am inclined to 
think, has not presented itself, since the organization of the go- 
vernment. 

Pursuaded, that you, as the representatives of a free people, 
will only be inOuenced by reason and true patriotism, it is submitted 
to your wisdom and discretion, Avhether under existing circum- 
stances, the present manner of choosing electors, ought, at this 
time, to be changed. 

The executive of the state of Tennessee, has forwarded to 
me a copy of a preamble, and of certain resolutions adopted 
by the general assembly of that state, with a request to lay them 
before the legislature of this state. The same are accordingly 
transmitted. 

At the January term of the general session of the peace of St. 
Lawrence county, of the last year, William Kirby was indicted 
for the murder of John Huges, aged four years ; and also for the 
murder of Francos Kirby, his daughter, aged two years ; and at 
a court of oyer and terminer, held in September last, in that coun- 
ty, he was tried and convicted upon the indictment for the murder 
oV John Huges, and sentenced to be executed on the sixth of No- 
vemher following. From the representation of the judge who 
presided at his trial, and the district attorney who prosecuted on 
the part of the people, and on an examination of the testimony 
transmitted to me by the latter gentleman, facts are presented sut- 
ikient to induce a belief that the prisoner was insane when he 
committed the alleged murder. I have, therefore, deemed it nn 
duty to postpone his execution until the second day of April next. 



JOSEPH 0. YATES. 211 

m order to annex the condition to his pardon, of imprisonment in 
the state prison during his natural hfe, under a full conviction that 
it would be dangerous and unsafe to the community to suffer him to 
go at large. But as the inspectors of the state prison were not 
authorised to receive him without a law for the purpose, I have 
thought proper to represent his case to the legislature, so that ne- 
cessary measures might be adopted to enable the officers of either 
of the state prisons to receive and retain him, according to the 
contemplated condition upon which he may be pardoned. 

The literary institutions of the state, are in a highly respectable 
and flourishing condition, and there is reason to believe, that their 
extensive usefulness will prove an ample remuneration for the sup- 
port and patronage received from the legislature. 

It is a subject of great felicitation, to observe so general a senti- 
ment prevailing in the state, in favor of the dissimination of useful 
knowledge. The advantages afforded, in the establishment of 
common schools, have been embraced in almost every part of the 
state, and, independent of many charitable institutions, meritorious 
citizens have, in many places, extended their benevolence to the 
children of indigent parents, by the means of Sunday schools ; and. 
the adoption of those humane and truly laudable measures, have 
induced numbers to exchange their accustomed habits of indolence 
and dissipation on that day, for the more profitable pursuit of ob-^ 
taining a common education. The prevalence of such enlighten- 
ed sentiments, and generous feelings, will essentially contribute to 
secure to the public, the benefits of the talents of many useful 
and virtuous members of society, otherwise allowed to remain ia 
obscurity, and will have a direct tendency to afford permanent and 
substantial advantages to a government, where the sovereignty 
rests altogether with the people. 

JOSEPH C. YATES. 

Albany, January 6, 1824, 

28 



218 governors' speeches. 

Pursuant to Proclamation, the Legislature met en ihe second dny of 
August, one thousand eight hundred a7id txicenty-fovr, and on the 
same day the Governor transmitted, by his Private Secretary. 
Christopher Y. Lansing, Esquire, this 

MESSAGE : 

Geistlemicn of the Senate and of thk AssemSly, 

In the constitutional exercise of a power delegated the execu- 
tive, 1 considered it a duty to convene the legislature ibr the pur- 
pose of submitting to them a subject of vital importance to the com- 
munity, 

A copy of the proclamation, under which you are called, ac- 
companies this message, containing a brief summary of the causes 
which induced me to adopt the measure ; and it is submitted to the 
legislature, under a full conviction, that in convening them, I have 
performed a duty required of me by the responsible situation in 
which I was placed, and by the strong and very decided sentimettts 
of the people of this state : And confiding in the calm and dispas- 
sionate consideration, which a wise and patriotic legislature will 
bestow upon the matters thus submitted, I cheerfully repose my- 
self upon the intelligence and virtue of the people and their re- 
presentatives, fully aware of the responsibility 1 have assumed, 
and, be assured, gentlemen, wholly indifferent to personal conse- 
quences, when performing a sacred and impressive duty to the 
state. 

There are certain fundamental truths in the theory and practice 
of our government, v/hich cannot be altered or obscured by the 
passions of man, and which, certainly, ought not to bend to their 
interest or convenience. By one of them is inculcated a princi- 
ple, in the support of which our forefathers fought and bled, and 
which can never be lost sight of without the loss of our rights and 
independence. It is, that the people alone are the true and legiti- 
mate source of all power. 

The framers of our new constitution, fully aware of this, were 
determined to secure to themselves, and to posterity, the blessings 
of freedom, by most sedulously guarding every avenue to corrup- 
tion and intrigue, by the enlargement of the right of suffrage, the 
permanency and independence of our judiciary, and the depen- 
dence of the executive and legislative branches of our state upon 
the will and pleasure of their constituents ; and by thus balancing 
the different powers and parts of the constitution, vigor and safety 
to the whole, were communicated and secured. A frequent re- 
currence, therefore, to first principles, however familiar, is, in 
times of difficulty and danger, the most certain safeguard of our 
freedorm. 

If, then, as our bill of rights declares, " no authority shall,. on 



JOSEPH C. YATES. 219 

any pretence, be exercised over the citizens of the state, but 
riuch as shall be derived from, and granted by, the people of this 
state, " how interesting to us all, to execute our duty as good citi- 
zens and faithful officers, by a strict and undeviating adherence to 
the public will, when clearly ascertained and fairly expressed. Re- 
gardless of the conflicts of passion, the resentments of disappoin- 
ted ambition, and the corrupting influences of intrigue and faction, 
^\e should proceed to the exercise of those acts, which will secure 
to us the approbation of our own consciences, and the approving 
voice of impartial posterity. 

You will perceive from the proclamation by which you are con- 
vened, that the subject in relation to which 3'ou are called, has re- 
ference to a very interesting part of our government. The choice 
of Electors of President and V ice- Pi-esident of the United States. 

When we look at the constitution of the general government, 
and consider the exposition which a vast majority of the union 
have given to that part of it which relates to this important subject, 
we cannot entertain a reasonable doubt that the spirit and good 
sense of that instrument, is best consulted by giving to the people 
the choice of those electors. In no less than nineteen states out 
of the twenty-four, the electors are chosen by the people ; and it 
is rendered highly probable from recent events, that Vermont will 
be added to the number. A principle, then, so congenial with the 
feelings of the people, so deeply interwoven in the very form and 
structure of our government, and so peculiarly adapted to the fair and 
legitimate exercise of the right of suffrage secured to us by our 
state constitution, can never be at war with the honor, peace, or 
safety, of our country. Adverting to this principle in the message 
I had the honor to send you in January last, I expressed my full 
conviction, that it was " a desirable object of directing such choice 
to be made by the people ; " and I am free to acknowledge, that I 
considered it also important that it should be uniform throughout 
the union, and that any interference by the legislature, whilst the 
subject was before congress, would be premature — that reason, how- 
ever, by the recent adjournment of that body, has ceased to exist. 

Although the number of states in which the legislature make 
the choice of electors is small, yet I knew of no mode in which the 
object alluded to could be attained throughout the uuion, but by the 
intervention of congress, or by the legislatures of a constitutional 
majority of the states ; and I did entertain the belief that the in- 
cipient step would be taken by congress, and that when taken, it 
would furnish a basis for the legislature of this state to act upon in 
passing a law. 

In this point of view, I did not consider the ultimate success of 
any proposed amendment throughout the United States, immedi- 
ately material or important ; as I was persuaded, that any amend- 
ment proposed by congress would at all times be treated ^riih de- 
ference and respect, and might have been adopted •» principle by 



220 GOVERNORS* SPEECHES. 

this state in season for the approaching election of president and. 
vice-president of the United States. I was confirmed in the view 
thus taken of the subject, by the elaborate report of the commit- 
tee of the senate of this state, which, whilst it recommended to 
that body not to pass a law giving the people the right to choose 
the electors, stated, among other reasons, for its recommendation, 
that it ought not to pass, until at least the efforts making in con- 
gress to amend the constitution of the United States were adopted 
or rejected. 

It is true, that the senate of the United States had indetinitely 
postponed the subject before the adjournment of the legislature 
in April last ; but still it remained undisposed of in the house 
of representatives, and might have been called up and reconsider- 
ed in the senate. 

It was also known, that it was intended by those friendly to the 
measure, to bring forward the consideration of ihe same subject 
in the house of representatives, after the senate of the United 
States had indefinitely postponed it ; and that this was alone pre- 
vented by the many other important topics, which pressed upon 
the immediate attention of the national legislature, until at length 
it adjourned without performing an act to which the nation hart 
looked with deep solicitude and interest. 

Thus, the hopes of the senate of this state, and of its house of 
assembly, were disappointed ; and nothing remained in this extra- 
ordinary crisis, but to exert that power, which the constitution of 
the state, for the benefit of the people thereof, had delegated to 
its executive ; or quietly to suffer the wishes and expectations of 
the people, and of their legislature to be frustrated. 

Permit me, briefly, to allude to the calm and deliberate review 
which I took of this subject at the time of the adjournment of con- 
gress. 

Very soon after the commencement of the session in .January 
last, a bill was introduced into the house of assembly, in accor- 
dance with the prevailing sentiments and wishes of the people ; 
and notwithstanding much discussion upon the provisions of the 
bill, very little opposition was expressed to its general principle. 
The bill passed the assembly with uncommon unanimity, only 
four members voting against it. It was then sent to the senate, and 
the committee to whom it was referred made a report, to which 1 
have already alluded. A majority of the senate thereupon solemn- 
ly declared, that it was expedient to pass a law at the then session 
of the legislature, giving to the people of this state the choice of 
electors of president and vice-president of the United States, and 
hy a general ticket. Its almost immediate and simultaneous post- 
ponement by the senate till November next, may have been pro- 
duced by the fact, among others, that as congress was still in ses- 
sion, ii^/ould be proper to learn the sense of that body before 
the bill was fm-iUy disposed of^. 



JOSEPH C. YATEal. 221 

If this, or some other reason equally well founded, did not ex- 
ist, it would be viewed by the community as a singular phenome- 
non, that a measure, grounded on a general principle, concurred 
in by the two branches of the legislature, should in the end be 
defeated ; on the contrary, I was bound to notice the declaratiou 
made by the senate and asL-smbly, and to believe that those hono- 
rable branches of our government were willing and desirous of 
giving to the people the right of choosing the electors. 

If these circumstances grew out of the fact, that the senate of 
this state had postponed the subject, in the hope that congress 
might still interfere, by recommending an amendment, then, as 
#oon as congress adjourned, without doing so, it became my duty 
to convene the legislature at an earlier period than the day lixcd 
by hnv, and to wl)ich they stood adjourned, to afford them an op- 
portunity of passing the bill so anxiously required and expccled 
by the community at large. 

It became a dnty, from the many extraordinary circumstances 
connected with the measure, from the constantly increasing solici- 
tude of the people, in its favor, and from a due regard to the lien- 
or of the state. 

If, under such peculiar circumstances, I had hesitated to pay a 
just deference to public sentiment, and legislative declarations, it 
would have subjectetl ni<' to the im;rited reproaches of a free and 
enlightened people. Having thus ])erformed what, in the vievif 
taken of this highly important subject, I considered an incum- 
bent duty on my part, it now- remains with you, gentlemen, to 
adopt such a course, with regard to the choice of electors, as 
you, in your wisdom, may think most consonant with the wishes 
and expectations of your constituents ; and in recommending the 
passage of a law giving it to the people; it is also satisfactory to 
me to reflect, that its adoption will occasion no additional expense 
to the state, as the necessity otherwise of your again meeting ii^ 
the month of November next will be thereby obviated and removed. 

Should the legislature be engaged in any other business than the 
immediate purpose for which it is now called, or in the unfinished 
business of its last meeting, I would then recommend the proprie- 
ty of investigating another subject, which 1 consider as con- 
nected with the safety of our citizens, and the prosperity of our 
state. 

The deep interest which is so justly felt in our steam boat navi- 
gation, and the fatal accidents which have recently attended the 
operation of its machinery, m several instances, indicate the ne- 
cessity of an early inquiry into the causes of those misfortunes, 
and of adopting regulations, by law, for inspecting, at stated in- 
tervals, or for otherwise ascertaining the condition and safety of 
the apparatus used in such navigation, to avoid, in future, as far 
as practicable, the awful consequences arising from mismanage^ 
ment, or carelessness. 



222 governors' speeches. 

I cannot forbear, at this extra session of the legislature, to 
mention the anticipations so fondly cherished by the American 
people, that the only surviving general officer of the revolution, 
the friend and companion of Washington, and who has been so 
conspicuous for his disinterested patriotism and devotedness to the 
liberties of man, is expected shortly to visit our country. With 
the name of Fayette, are associated the most tender and interes- 
ting recollections ; and that country, whose independence and 
freedom he so essentially contributed to establish, can never be 
indifferent to his welfare, nor be wanting in the hospitalities due 
to its noble benefactor. I doubt not, gentlemen, that you will 
adopt such measures for receiving this distinguished patriot, at the 
seat of government, should he visit this city, as will do honor to 
a grateful people. 

JOSEPH C. YATES. 

Many J August 2, 1824. 



DE WITT CLINTON. 



I'he Governor-, hy his Private Secreta'fy, Chaules A. Clinton, Esq, 
transmitted to the Legislature^ on the fourth day of January, one 
thousand eight hxindred and twentyfive, the following 

MESSAGE : 

Fellow-Citizens of tAe Senate and of the Assembly, 

Our devout thanks are due to Almighty God, for the signal bles- 
sings conferred on our country. The wise policy pursued by the 
national government, in cherishing our resources, in diminishing 
our debt, and in cultivating peace with all the world, has elevated 
our character abroad and confirmed our prosperity at home. It 
is gratifying to perceive, that the greatest maritime power in 
Europe, with which we are closely connected, by commerce and 
communication, has adopted a similar pacific policy ; and that the 
unhallowed conspiracies in the old world, against the liberties of 
mankind, can find no means of support and aggression on this 
side of the Atlantic. 

Nor has our national government, while cherishing peace^ been 
unmindful of the exigencies of war. A comprehensive and valu- 
able system of coast defence has been digested, and is in a train of 
successful developement. Fortifications, in the most vulnerable 
points, have been erected. The war department has undergone 
a thorough and comprehensive re-organization, adapted at once to 
the economy of a peace, and the expansive requirements of a war 
establishment. Ordnance, arms, and other munitions, have been 
provided ; and a system adopted of steady and progressive accu- 
mulation. An institution for military education, under the super- 
intendence of scientific and talented men, is in a flourishing condi- 
tion ; and our youth are not only instructed in war, but acquire 
that information which renders them useful in cultivating the arts 
of peace. Our navy, at once the glory and the palladium of our 
country, is in a state of prosperous augmentation ; and our gal- 
hant and hardy seamen, are increasing their nautical skill, protect- 
ing our commerce, and maintaining the honor of our flag in every 
sea. 

These views naturally spring froiti contemplating the situation 
of our country and of Europe ; and on the present occ.ision, are 
exhibited in obedience to that mandate of the constitution, which 
requires from the executive periodical information of the condition 
of the community. As a member of the confederacy, we have « 



^^4 governors' speeches. 

vital interest in the pi'osperity of the whole, and necessarily par- 
ticipate in the common lot. 

But when we look nearer home, antl examine the condition of 
this state, without reference to its federal relations, we have equal 
reason for gratitude to the dispenser of all good. Our elementary 
schools, and our literary institutions, ai'e prosperous beyond all 
former experience : the lights of religion and knowledge have in- 
creased : agriculture, commerce, manufactures, navigation and 
the useful arts, are in a state of unprecedented activity and siic- 
cessfal development. The excitements and animosities which have 
hitherto rent us asunder, degraded our character, and impaired 
our ability for doing good, are yielding to a spirit of moderation 
and conciliation : And it is to be hoped, that in future, the great 
subject of competition, and the great prize of ambition, will be 
confined to a distinguished career of public spirit, unalloyed by 
the debasing influence of faction, which, in seeking its own grati- 
fication, by the elevation of a part, generally overlooks the pios- 
perity of the whole. Our civil and political institutions are deri- 
ved from the wisdom, and exist in the will of the people, the source 
of all rightful authority, and of all legitimate sovereignty. Con- 
reiving it to be the sacred duty of pubhc servants, entrusted with 
power and authority by the people, to consult the wishes, as well 
as the interests of their constituents, it is iny earnest desire, and 
shall be my favorite object, to recommend that course, and to pur- 
sue that policy, which may pi'ove the most gratifying to the com- 
munity, and the most auspicious to the great interests of the state. 
And in selecting persons for offices of power, trust, and emolu- 
ment, it will be my aim to look for capacitj^ integrity, patriotic 
zeal, and public services. The times are auspicious to the heal- 
ing of those dissentions which have so long interfered with our ge- 
neral happiness, and so greatly chminished the just consideration of 
the state in the councils of the nation. As far as in my power, I 
shall be happy to embrace this auspicious occasion, and make eve- 
ry proper effort to promote internal peace and tranquility. Hav- 
ing been elected to office, not by a party, but by the people, it is 
my ardent wish to cast myself upon their candour and judgment, 
lO meet their scrutiny, to consult their will, and to promote their 
happiness. And I shall always be solicitous to cultivate a good 
understanding with the co-ordinate authorities, and to produce an 
harmonious union of effort, for the pubhc good. To establish a 
just responsibility in the executive, as has been done in the legis- 
lative department, it appears to me, that provision ought to be 
made for the publication of the journals of the senate, in relation 
to their executive functions. The people ought, in all cases, to 
know the official acts of their agents ; and as the appointing pow- 
er is at all times an important trust, and liable to great abuse, 
there ought to be no veil drawn over its exercise ; but the nomin- 
ations of the governor, and the vote of each senator, on the ac- 



DE WITT CLINTON. 225 

r.eptmice or rejection of such nominations, shoultl be distinctly 
understooflby the people. 

In 1820, while administering the government, 1 solicited the at- 
tention of the legislature to the importance of passing a law, by 
'vhich the people could exercise their sufirages in the choice ot 
electors of president and vice president of the United States. The 
whole bo'iy of events connected with this subject, speaks an ad- 
monitory language, and demonstrates that the enaction of such a 
1 nv is a'lx-iously desired by the people, and that it is enjoined by 
.,' iuit r.-ard for their rights, and by the dictates of true policy. 
Whenever the people can enjoy the direct exercise of power 
themselves, no intermediate body should be interposed ; and an 
^innecessary resort to delegated authority too frequently leads to 
■m abuse of power, a prostration of principle, and a total disregard 
of the public will. It is sincerely to be desired that the constitu- 
tion of the United States could he so altered, as to provide for an 
imiform mode of choosing electors throughout the umon. In such 
-i^e the system by districts would no doubt be most judicious. 
But while the mode is not uniform, sound pohcy seems to require 
Uiat the choice should be left to the people by a general ticket^ and 
m the most simple and popular shape. When the right of suffrage 
1. aenerally ditTused, and those who exercise the elective fran- 
rhrsc vote by a general ticket, and the greatest or highest number 
ronstitutes an election, power is brought to the people m the most 
-vpMilVin- and unexceptionable manner. Ever smce the political 
"^•is^enc- of this state, all our elections have been conducted on 
the principle of the highest number of votes : m the whole state, 

•or lovernor and lieutenant governor ; m districts, for senators 
and representatives in congress ; in counties for members of as- 
sembly and now for sherills and clerks ; and m towns for super- 
visor^ assessors, clerks, collectors and constables, and no incon- 
venience has resulted. I, therefore, earnestly and respectful y 

•ecommend the passing a law, committmgthe choice of electors to 

he people by a%eneral ticket, and by the greatest niimber of 
vote? as a proceeding required by the sover.^gn authority of the 

tate and by every consideration which ought to govern the con- 

duct of Its legislature. The statute recently passed submitting the 

mode of choice to the sense of the community at the next annual 

Section does not interfere essentially with this measure ; and if 

it did it'ou<^ht not to retard or prevent its immediate consumma- 
,t did, It ou«ni ^^^ ^j^.^ ^^^ j^^^ ^^^^ ^^^^^^^. 

exp"; essed and t tl ceLinly a work of supererogation to resort 
expresseu , '^"'^ +„„.i«nrv of whir i will be to perplex a ques- 
to this process, *f .^^^^^^T ^^eSly understood, ti postpone a 
tion sufficiently P am ^^^l^TZueJy of the people, and to ex- 
,liip atonement to the violated ip<ye?Lj "• • ' *, , 
due atonemeui performing this great duty. 

In^reni. to*L el tio/of the chief magistrate of the iia- 
,lo!" W uTno? overlook subjects of subordinate consuleraUon, but 



226 governors"' speeches. 

certainly of great consequence to the welfare and good order ot 
society. 

By the constitution, a complex mode of choosing justices of the 
peace, through the instrumentality of the supervisors of towns, and 
judges of the county courts, is established. As this system has 
been found inexpedient in its operation, and exceptionable in all 
its important bearings, 1 recommend such an alteration, through 
the forms of the constitution, as shall bring the choice of those 
magistrates directly home to the people, in their primary assem- 
blies. They are certainly much better judges of the claim,s and 
qualifications of their local magistrates, than persons at a distance, 
and they have stronger inducements to make good selections. U 
is also submitted to your consideration, whether it would not ren- 
der the minor courts more respectable, and promote good order, 
if the respective towns were authorised in their discretion, to pro- 
vide buildings for their sittings. 

As connected generally with these important topics, permit me 
to request your attention to a more accurate definition, a more 
liberal extension, and more secure enjoyment of the elective 
franchise. Without the right of suffrage liberty cannot exist. It 
is the vital principle of representative government, and it ought 
therefore to be effectually fortified against accident, design, or cor- 
ruption. The qualifications prescribed by the constitution for the 
exercise of the elective franchise, are full age, citizenship, resi- 
dence for a designated time, payment of an assessed tax to the 
state or county or exemption from taxation, or a performance of mi- 
litia duty within the j^ear, armed or equipped according to law, 
or a.ssessment within the year to labor upon the public highways, 
and performance of the labor, or payment of an equivalent. This 
arrangement excludes a great body of citizens from the elective 
franchise ; and a few simple illustrations will shew its complexity, 
and its liabihty to fraud and injustice. In 1818, fJie state tax wa& 
two mills on the dollar ; since that time, it has been reduced to 
half a mill on vlie dollar ; and in a short period there will pro- 
bably be no necessity for any general tax. If this should be the 
case, and the finances of all or any of the counties be equally 
prosperous, there would evidently be a disfranchisement of all those 
who were not taxed unless thej had performed military duty, or 
wrought on the roads. In the iiame manner householders and 
freeholders may be deprived of the right of suffrage, even al- 
though citizens, residents, and of full age. The rights of a citi- 
zen ought not be held at the pleasure of others, but should be fix- 
ed and unchangeable. But m both these cases, if the assessors 
should not assess, the collector not receive, the militia not to be 
called out, or the road master nei5lect his duty, there would be a 
deprivation of the elective franchise. The labor of a day on the 
highway or the payment of a petty commutation, the attendance of 
a day at a military parade, or the payment of a tax, however me- 
ritorious in themselves, certainly do not furnish such high CTidences 



DE WITT CLINTON. 227 

ot public services in (he agents, as to juslilj a monopoly of the 
elective Iranchise ; and such I am persuaded, is not the wish of 
f hat respectable portion of the communily. I therefore submit 
lo your consideration, whether the constitution ought not to be so 
modilied, as to render citizenship, full age, and competent resi- 
dence, the only requisite qualitications. 

In thus improving our social institutions, it is pleasing to con- 
template their benign influence on individual happiness and general 
[»rosperity ; and to feel assured that a republican government 
may be transmitted in full purity and vigor to the remotest period 
of time. Even the troubled democracies of Greece and Italy, 
uith all their deprecated vices, were preferable to the hateful ty- 
rannies that surrounded them. The former where sometimes re- 
fieved by ennobling virtues ; but the latter were always engulph- 
<:d in hopeless debasement. Now that the representative system 
IS well understood, and its capacity to unite liberty and power by 
federal combinations has been successlully tried, it will be our 
own fault if its duration prove not as permanent as its blessings are 
inestimable. In all governments, whether republican or monarchi- 
cal, free or despotic, cupidity and ambition will address themselves 
to the sovereign authority for gratification. In free states, these 
applications will of course be made to the people who confer, ei- 
ther directly or indirectly, the honors and emoluments of office • 
and hence the excitements w hich arise from the operation of these 
passions, as well as li-om real differences of opinion. But with all 
these evils, republics still exhibit a decided superiority. Their 
agitations and attendant mischiefs, are more diffused and more fee- 
ble ; and the people who fell their influence, have, generally 
speaking, no inducement to act wrong. It is their interest, as 
well as their duty, to select meritorious officers, and to establish a 
wholesome administration. The vices of faction, intrigue, false- 
hood, dissimulation, and corruption are rendered more intensely 
profligate by their concentration round the person of the monarch. 
His interest, and that of his favorites, too often becomes distinct 
from that of the community, and the general welfare is merged 
hi pei'sonal gratifications. A I'epublican government is certainly 
most congenial with the nature, most propitious to the welfare, and 
most conducive to the dignity, of our species. Man becomes de- 
graded in proportion as he loses the right of self-government. 
Every effort ought, therefore, to be made to fortify our free insti- 
tutions ; and the great bulwark of security is to be found in edu- 
cation ; the culture of the heart and the head ; the diffusion of 
knowledge, piety, and morality. A virtuous and enlightened man 
can never submit to degradation ; and a virtuous and enlightened 
people will never breathe in the atmosphere of slavery.. Upon 
education we must therefore rely for the purity, the preservatioHj 
and the perpetuation of republican government. In this sacred 
cause, we cannot exercise too much liberality. It is identified 
with our b€!st intetests in this world, and with our best destinies in 



228 governors' speeches. 

th« world to come. Much indeed has been done, and we have 
only to cast our eyes over the state and rejoice in the harvest 
which it has ah-eady yielded. But much more remains, and 
ought to be done ; — and the following statement is exhibited witliu. 
view to animate you to greater exertions. 

The number of children taught in our common schools during 
the last year exceeds 400,000, and is probably more than one 
fourth of our whole population. Ten thousand three hundred 
and eighty-three have been instructed in the free and charity 
schools in the city of New-York, a number by no m.eans propor- 
tioned to the wants of its population. The students in the incor- 
porated academies amount to about 2,683, and in the colleges, 
to 755. 

The fund for the common schools may be stated at upwards of 
1,739,000 dollars, and its annual income at 98,000 dollars; to 
which may be added the interest on the future sales of lands, and 
on the disposal of escheated property : the proceeds of which 
latter i-tem may be added to the capital. 

However imposing this fund may appear, it is sufficiently obvi- 
ous that it ought to be augmented. This state is capable of sup- 
porting fourteen millions of inhabitants. This appropriation will 
therefore soon be found far behind the, progress of population, and 
the requisitions for instruction. Deeply impressed with the m.o- 
mentous nature of this department of our social policy to the car- 
dinal interests of the state, I cannot withhold one important fact 
derived from past experience. Of the many thousands who have 
been instructed in our free schools in the city of New-York, there 
iS not a solitary instance known of any one having been cotivicted 
of crimes. In furtherance of this invaluable system, I recommend 
to your consideration the education of competent teachers on the 
monitorial plan, its more general introduction, and the distribution 
of useful books. 

While our primary schools cannot be too numerous, our highest 
seminaries ought to be very limited in number. The creation of a 
college imposes the duty of endowing it. We have now four col- 
leges for literary and scientific instruction, and two for medical 
education. They are all under the superintendence of highly gift- 
ed and enlightened men, and are eminently entitled to your liberal 
patronage. But until the government shall see fit to augment the 
funds of existing institutions to the full extent of their wants, I am 
persuaded that there ought to be no increase ; and not even then, 
unless peremptorily required by the exigencies of education. 
Perhaps, indeed, in a case of so much importance, the authority 
of the regents of the university ought to be only recommendatory ; 
and the incorporating power exclusively vested in the legislature, 
as a more safe depository than a single body, as the source from 
whence munificent endowments must emanate, and as most confor- 
mable to the spirit, if not to the letter, of the constitution. 



I)E WITT CLINTON. 229 

Uur institutions for the promotion ol knowledge, are numerous, 
useful, and deserv^ing of libeind encounigement. In various cities 
and villages, societies for the cultivation of natural science and 
philosophy, of antiquarian and historical research, and of general 
knowledge, have been founded : and are calculated to develope 
our resources, to accumulate useful facts, and to advance the great 
iutei'ests of society. In the promotion of medical knowledge, sa 
essential to the preservation of nealth and life, the colleges of phy- 
sicians and surgeons have continued their career of distinguished 
usefulness. Some of the county medical societies are entitled to 
great praise for simultaneous elforts. For all these institutions, 
your fostering care is earnestly solicited. 

Added to these, the State Medical Society, which has been in 
beneficial operation for the last eighteen years, and which assem- 
bles every year at the seat of government, would be enabled by a 
email annual appropriation, to realize, to the most valuable ex- 
tent, the high expectations which are so justly entertained of its 
disposition, and ability to extend the benehts of the healing art. 

The great object of a good government is to secure the greatest 
happiness of the greatest number under its care. For this pur- 
pose, those arts and pursuits which minister to the sustenance and 
comfort of man, elevate his character, and excite his virtues and 
talents into activity, must be cherished with a solicitude proportion- 
ed to the importance of the end to be attained, and to the means of 
ixcomplishment. Four fifths of our population are cultivators of 
the soil : on agriculture we must depend as the main source of our 
welfare. Its natural connexion with manufactures, trade, com- 
jnerce, navigation, and the useful arts, is well understood ; and 
the united influence of these great departments of human industry 
constitutes the wealth, the power, and the prosperity of nations. 

An act was passed in 1819 for the encouragement of agriculture, 
which will expire during the present session. This state possesses 
every physical advantage for a great system of agriculture — afertile 
and various soil ; little Avaste land ; easy, cheap and rapid means 
of transportation ; great markets at home and contiguity to the 
ocean, that opens to us the markets of the world. These are some 
of the features that strike us at the slightest glance. And must it not 
be admitted that agriculture, either as a science or an art, is far 
from being cultivated with that ardent and successful spirit due to 
its importance ? The most profitable mode of preparing the soil ; 
the most economical and fertilizing applications ; the most expe- 
dient rotation of crops ; the various kinds of grain, plants, fruits, 
and trees best adapted to our soil and climate ; the domestic ani- 
mals most productive of solid advantage ; the best system of plan- 
tation to supply the consumption of timber and fuel ; — all these 
and similar subjects open a field of enquiry and research of mo- 
mentous interest, and demand the animating and invigorating en- 
couragement of the state. We have an intercourse with every 
region of the globe, and can easily procure seed, plants, aalHials, 



230 

and labor-saving machines ; and we can hold such communion witb. 
the scientilic associations of Europe connected with the Aarious 
branches of husbandry, as will be productive of the most usehi! 
results. 

The experiment instituted for the encouragement of agriculture, 
although but of short duration, labouring under much opposition, 
and conducted, in some cases, injudiciously, has been generally 
useful, and in some counties has been eminently successful. I sub- 
mit therefore to you to determine, whether it would not be wise 
to continue this system under such modifications as you may deem 
advisable ; and I do this under a full persuasion that you will ne- 
ver overlook any measure conducive to the prosperity of so cardi- 
nal an interest, and connected with the honor of the state. 

As horticulture is an important department of agricidture, I have 
great pleasure in informing you, that the incorporated Horticultu- 
ral Society, established for some years in the city of New-York, 
has been productive of great good, by increasing and improving 
our fruit and esculent vegetables. Another association has also 
been formed, and these laudable institutions having recently es- 
tablished an union, I anticipate still greater benefits from their 
consolidated efforts. Founded upon the plan of the great Horti- 
cultural Society of London, and blending the contributions of ex- 
perience with the researches of philosophy, they deserve the 
most liberal encouragement. 

As it is one of the chief objects of a good government to culti- 
vate the resources of a state, it becomes of primary importance 
to know with accuracy what constitutes those resources. The 
wisest states have pursued a defective policy in this respect, by 
neglecting to ascertain their own powers and faculties. Statis- 
tical surveys will easily accomplish this desirable object, let in a 
flood of light on the science of political philosophy, and open a 
wide field for the most useful practical operations. By the con- 
stitution, a census is to take place during the present year. Im- 
portant statistical inquiries may be blended with this object, 
which will evolve many momentous facts, and diminish the laboi- 
and expense of the general survey. Periodical returns of mar- 
riages, births and deaths, would greatly enhance the value of this 
information. 

The useful arts, connected as they are with the comforts and 
conveniences of life, deserve at all times the fostering care of gov- 
ernment. In a community where labor is high and in constant 
demand — where the genius of the people is prolific in inventions 
of vast value, and where every new discovery that diminishes 
manual labor becomes of immediate consequence, it seems wise 
to hold forth such rewards as may stimulate ingenuity and indem- 
nify expense. The national government, under existing laws, can 
do but little ; and even when letters patent are granted, their va- 
lidity is frequently drawn into question, with all the expense and 
vexation of incidental litigation. Would it not be sound policy 



DE WITT CLINTON. 231 

fu reward with liberality the authors of such inventions as pro- 
duce a saving of labour in agriculture and mechanical pursuits, 
and improve the quality and augment the quantity of our products 
and fabrics ? It is perceived with much satisfaction, that the en- 
couragement already dispensed has had the most propitious influ- 
ence, in every direction, on the advancement of household and 
domestic manufactures. Many articles of exquisite workman- 
ship have been presented at our fairs and exhibitions, greatly 
creditable to those who furnished, and to those who encouraged 
them. 

The Mechanic aad Scientific Institution, of New-York, has been 
established for the purpose of diifusing the benefits of science 
throughout the various mechanical professions, by means of lec- 
tures, apparatus, models, books, and public exhibitions of works 
of ingenuity, skill and mdustry. The usefulness of this institu- 
tion would be greatly enhanced by the erection of an editice ade- 
quate for its purposes ; and it is believed that an appropriate site 
may be concurrently granted by the state and the city of New- 
York, without inconvenience to either, from contiguous property 
in that city belonging to both, and now unoccupied. As this is the 
lirst organized school of the kind in the world, and is destined to 
increase the skill, and elevate the character, of our mechanic in- 
terest, by applying philosophy to the arts, and imparting the bene- 
fits of science to that most useful body of our fellow citizens, its 
claims upon the public bounty will not escape your favorable at- 
tention. 

The Erie Canal (which is the longest in the world, and which, 
in conjunction with the Champlain Canal, and the contemplated 
communications with Lake Ontario and the minor lakes, will pro- 
duce the most extensive and important inland navigation ever wit- 
nessed,) would have been finished last season, had it not been for 
the intervention of unexpected impediments. It is however so 
near to its completion, as to render it necssary to form a permanent 
system for the preservation of the canals, for the collection of the 
revenue, for the extinguishment of the debt, and for a vigdant su- 
perintendence both of their particular concerns and of their general 
interests. Apian ought to be adopted, combining economy with 
efficiency, and having regard to future as well as present opera- 
tions. I consider these works as but the first in a series of great 
undertakings. We must, however, pursue our objects with pru- 
dence as well as with energy, in every stage of our progress, 
looking for support in the wisdom and patriotism of the people. 
And it is a source of high felicitation to know, that the debt may 
be speedily satisfied without resorting to taxation, without discon- 
tinuing our efforts for similar improvements, and without staying 
the dispensing hand of government in favor of the great depart- 
ments of education, literature and science, or the cardinal interests 
of productive industry. 



232 

A board for the promotion of internal improveinent?, composeiV 
of well informed citizens, ought to be constituted, with authority 
to consider and report on all subjects relative to the establishment 
of communications by land and water, by i:oads, railways, canals, 
bridges, and water courses, and with a general superintending 
power over their construction. All applications and proposals on 
such subjects, would of course receive the full consideration of the 
board, before they were accepted by the legislature ; and would 
be carried into execution in accordance with the exigency of the 
case, the importance of the object, and the abiUty of the state. 
The field of operation is immense, and the harvest of honor and 
profit is unbounded : and if our resources are wisely applied and 
ibrcibly directed, all proper demands for important avenues of 
communication, may be answered in due time, and in ample extent. 

The primary design of our aiiificial navigation, is to open a 
Toute by canals between the Atlantic ocean and the great lakes. 
The Erie and Champlain canals will, in a great measure, accom- 
plish this object ; but it will not be fully realized until the waters 
of lake Ontario shall be connected with the Erie canal and with 
lake Champlain. The importance of this design will be duly ap- 
preciated, when it is understood that the lake coast, not only of 
this state but of the United States, is more extensive than the sea 
coast. 

The next leading object, is to unite the minor la.kes and the se- 
condai-y rivers with the canals ; to form a junction between in> 
porLaot rivers ; and to produce such a connection between the 
bays on the sea coast, as will ensure the safety of our boat naviga- 
tion in time of peace against the tempests of the ocean, and in time 
of war against the depredations of an enemy. 

A canal between the St Lawrence river and lake Champlain 
would be attended with important benefits, by opening a valua- 
ble market within our own territory, and by affording an equiva- 
lent for the privation of a free use of that river. Duties have 
been imposed on our productions sent to Canada ; and it is believ- 
ed that the British government have declined a negociation res- 
pecting the free navigation of the St. Lawrence. That we have, 
by the'^law of nations, a right of free transit to the ocean through 
that river, I entertain no doubt ; and I am inclined to believe 
that we are entitled to an entrepot, or place of safe deposit for 
our commodities destined to the ocean through that channel. 

Although these pomts are not properly within the sphere of 
our deliberations, yet they ought to be known, because they affect 
the rights and interests of our fellow-citizens ; and in knowing 
them, we may apply for redress to the constitutional organ. How 
far it may be advisjible for the United States, in case a satisfactory 
arrangement cinnot be mrde, to impose countervailing duties on 
the products of Canada, on their transit through our territory 
down the St. Lawrence, is a subject on which the national govern- 
ment will undoubtedly bestow wise consideration. 



DE WITT CLINTON. 233 

The contemplated canal between that river and lake Cham- 
phiin, would relieve the northern inhabitants of this state from 
the embarrassments of a foreign market. A survey of this route 
has recently been made, under the authority of the state, and the 
only formidable impediment is an intervening elevation of up- 
wards of nine hundred feet. This may perhaps be surmounted 
by locks or inclined planes, and there is said to be an abundance 
of water on the summit level. Where this ridge passes into the 
British dominions, there is an abrupt descent, and the level coun- 
try below presents an easy passage lor a canal. Perhaps an ade- 
quate portion of this territory may be obtained by negociation, 
« ither by conceding our alleged exclusive right on a certain part of 
the St, Lawrence, or by making some arrangements in relation to 
rhc disputed territory in the north-cast angle of the United States. 
But at all events, and under any circumstances, a communication 
between the Erie canal and lake Ontario, by the way of Oswego, 
ought to receive your decided countenance, and to be made as 
soon as practicable. It will greatly augment oiir revenue and 
open profitable markets to our infkistrious and enterprisin*'- citi- 
zens resi(hng within the reach of that kike and its tributary waters. 
The provision heretofore made in this respect, is neither adequate 
as to funds nor as to prompt execution. 

To unite, in tiie most accommodating manner, the waters of 
the Seneca, Cayuga and Canandaigua lakes, and such of the sec- 
ondary lakes as may be deemed expedient, with the Erie canal is 
also an object of great importance. A connexion too is desira- 
ble between the Delaware and the Hudson ; between the upper 
waters of the Allegany, Susquchannah and Genesee rivers • be-* 
tween the Erie canal and the Susquehannah, along the valley of 
the Chenango river ; between the Susquehannah and the Seneca 
lake ; between the Erie canal at Buffalo and the Allegany river 
at its confluence with Conewango creek ; between Black river 
and the Erie canal ; and between Gravesend Bay, Jamaica Bay, 
Great South Bay and Southampton Bay, and across Canoe Place 
to Southhold Bay on Long-Island. Other eligible communications 
might be indicated, but these are sufiicient to evince the expedi- 
ency of constituting a board with general powers in relation to 
internal improvements. 

All these works must emanate from the authority of the state 
but many of them will doubtless be undertaken without any demand 
on the treasury, in consequence of encouraging grants. Of this na- 
ture is the connexion proposed to be made by a company between 
the Delaware and Hudson — a project highly deserving of public 
countenance. The canal on the south side of Long-Island would 
perhaps be constructed under a similar grant. Considering that 
these sections of the state are necessarily excluded from an imme- 
diate participation in the benefits ofthe canals already made, I de- 
rive a peculiar gratfication from the liberality manifested by the le- 

30 



gislatttre in ilic ulic case, ■•tkI <^l'---iU he lif^pp}' to see it exlo-'lecl to >',:i_ 
other. 

The proposed connexion bet, v.t'cii^the Seneca kike and the Clie- 
mung or Tioga branch of the !?u£quehannah, will not exceed twen- 
ty miles ;;ind that lal:e 'fe'c-pe'.^'ibii: navigation during the -vliole yeai 
This canal will open 511? Aali and'-g}'psiun to the extent^ivc regioi> 
connected -with f:h<^ Su=c.neh")'nr«ah, and 'innmefous body of" oni 
citizens will find a market for their productions in Philadelphif"^ 
an-d Baltimore, as well as in New-York, 'l^hls RiuUiplication '.'.- 
j'larkcts will be beneficial tc the ay;ncultura'' intcrc,:5t ; is in coit 
sonance with the dictates or ':ound policy and can only be appoed 
by sectional and monopoli-iivg views, li:- Hdd'tion-t-? thi?, it ma-.-- 
be stated, that there is an JiexhanrrtUde .'jUa'ility: af bitUiiiinou ■ 
■coal on the head waters of the Tioga ^'iver, *hich is now sold ;;f 
the mines for two cents per bushel, a-^d whiclica^vbe transportci. 
on flats to Newtown in Tioga counts. It i? rcpre-tnttd t'o be )f v. 
superior quality, and similar to the Divci'j'idol coal'of ^ommerie— 
n'nd it is supposed to occupy the extensive region ii'om Wheeling tr 
that part of the state near the head of the Se^ima lake : And should 
the proposed coamiunication h^ 'iiale- .it may be tmnsn minted 10 Alba 
ny by^water. 

Some canals will undoulttedly be acccmi^lisJiR'l 3y iitdiT^dual c:f 
terprise ; some will require partial assistance, andothers nuist de- 
pend entirely on public munificence : But all can, with prober 
exertion, be executed in due time, and in accordance with the 
growth of the state, the exigencies Jf soc'eiy, aild tJic inevitable 
evolution of our resources. 

The Erie canal, bes.des completio.1' at its' western t'ermiuation 
will require in time sorje iiiiportant additions • These will consis; 
in double locks and towmg paths,, to accelerate the passage of the 
ijoals. When new bridges shall be I'equired, .i much greater ele- 
vation ought to be gir^n to tiie roart bridges, auL^the farm bridge- 
ought to be formed on a retractile plan. 

The Champlain canal enters the Hudson at Fort Edward; -nnd 
the navigation is continued for several miles down that river. The 
comparative advantages of natural and artificial navigation, nA' 
thus fairly tested and fully contrasted ; and the delay, expense and 
vexation of the former channel of conveyance, a'.^e found so har- 
clissing, that it has become esser>tial to substitute a canal ; and ini- 
tiatory proceedings have been had for that pur^^iose under the sane 
tion of the legislature, which will, I irast, be consumm ited imme- 
diaiely. The Champlam canal opens a vast expanse for inland 
trade and public accommodation. Its revenue, when compared 
with thiit of the Erie canal, will be at least in the ratio ^1 its ex- 
tent-' The region which borders on lake Champlain abounds with 
ricli'Ji'on ore, convei'tible Into die best iron, which with excellent 
stBeiUs'nOw manufactured successfully by enterprising individuals. 
Calcareous substances 0:' all and the best kinds, from marble to 
^-^I'ilding stcne. lumber. t))"e products of the dai:^, of the soil and.**'" 



iiiiinnfactiiios, ai c also in greet plonk'; if ret\rrn''fjr-T'i'i!ch tlia,; 
-. egion has occasion ibr=e alt, gypsum and various coniir.ercial accom- 
iiiodations. 

It is also necessary that prompt imt- cfactnal provision be made, 
to remedy tlis embarrassments iitteuding sloop navigation on the 
upper Paris ot" the Hudson. Dill'ereut plan.s have been proposed 
for the attainment of this important object ; and among others, the 
improvement of the natural navigation, by removing the present 
(fetrnctions, by joining Tliilerent islands, and increasing the veloci- 
ty tf the current. It is vow in a great measure ascertained to "be 
most profitable, to make transhipments from canal boats to river 
I essels. The importance of this measure is, therefore, identified 
cith the well being of onr artilicial, as v/ell as of our natural navi- 
gation. And I am persuaded that you '.vill not shrink from these 
-operations on account of the presumed expense. In all judicious 
■andertakings of this kind, fiithfuliy conducted, there will be an ex- 
s'liss of benelit. Mone}' applied at liome in useful improvements, 
::-. to be regarded as an intlrument of circulation, not a privation of 
wealth, nor an extinguishment of capital. 

When private property is appropriated to public uses the com- 
:;:ensation to the owner ought to be prompt and fsmple. There is 
reason to a])prehend tiiat tiiis has not been done in many cases 
-iGnnected with the canals, and that great complaints have ueen 
made, and considerable It-cses sustained in consequence of such 
' nission. As the laVv noVf stahdS; appraisements for such appro- 
"(fiations must be made by two of the acth-g canal commissioners. 
>f the supreme court 4i'i>uld set any a3ide as they are authorised 
re do, on just and equitable .prmciplci, it seems reasonable and 
:;)roper that the new assc; smento under tiiese circt:mstancebi, should 
'tr submitted tu a triltunal which had nijt passed upon the qaes- 
,ion. I rccomnierdthe V hole'of tliis si bj eft- to your early atten- 
-ion. 

1 he delA dne er. accouht'of the caliais., and the subsidiary works, 
;s ^';,467,770 99, of which -^4,524,270 99, bear interest of five 
f)cr cent, urd the residue an interest of sir. per cent, making anag- 
'Ti-egate annual intereit of <;^'375;82i; Sb. The revenue from the 
lolls the present year, will exceed ^310,600 — and the duties on 
•■alt ^100,000, which Vvith the other tiourceij of income belonging 
■..0 the canal fund, will, in all probability, produce an excess of rev- 
enue above the interest of thl canal debt, ^f near ^300,000,—^^ 
Should any discrepance appear between thi.- st,iiement and the an- 
nual report of the compti-oller, it v/illbe only appd'lent, hi: h:!>ying 
U-eference to the fiscal, and this to the natural year. 

It is believed that next year the revenue will be-nearly doubled, 
if the Erie canal arrives to ihe lake in due seasoii, and its progres- 
sive expansion will be commensurate with the ^prosperity of the 
• -tate, and the growth of our country. From these data, a justes- 
tn^i'temay be made of the rapid operatic n of a'jud^cious- .;inking 



236 governors' speeches. 

fund in extinguishing the whole debt, and of the prospective fiscal 
resources of the state. 

It is estimated that 10,000 boats have passed at the junction of 
the Erie and Champlain canals within the last season. Boats Avith 
commodities proceed at the rate of 55 miles in 24 hours : and boats 
Avith passengers near 100 miles in the same time. As late as the 
15th of December, a boat laden with merchandise arrived at Utica 
from Albany. 

Internal trade is most flourishing when 'its profits are small, and 
its returns quick. And this desirable effect is produced by the 
brisk circulation of commodities through canals. An important re- 
commend;.tionof this communication is the facility which it affords 
to emio-ration and change of habitation ; its conveyance of bulky 
articles which are forbitklen to land transportation ; the cheapness, 
safety, and certainty of travelling, and its consequent increase. 
Hence, the promotion of rapid settlement and concentrated popu- 
lation. All these propitious circumstances go to establish the per- 
manency and magnitude of the income to be derived from our ca- 
nals, and to demonstrate the superior profit of judicious invest- 
ments in them. The advantages of a condensed over a scattered 
population, proceed from furnishing great markets for sale and 
purchase ; from extending the operations of ingenuity and skill ; 
from expanding the sphere of employment by subdividing the ex- 
ertions, and augmcuUng the productive power of labor, and by 
concentrating great capitals subservient to all the purposes of life. 
In producing extensive markets, in communicating the benefits of 
a dense to a spare population, and in destroying the inconvenien- 
ces of distance, canals may be emphatically designated as the great 
labor-saving machines of internal commerce. 

For almost all useful purposes, the City of Detroit will, on the 
completion of the Erie Canal, be brought within a hundred miles 
of the city of Albany. Already have we witnessed the creative 
power of these communications, in the flourishing villages which 
have sprung up or been extended ; in the increase of our towns ; 
and, above all, in the prosperity of the city of Nev/-York. If, 
as is said, upwards of three thousand houses have been built in 
that city during the last year, it is highly probable that in fifteen 
years its population will be doubled, and that in less than thirty 
years it will be the third city in point of numbers in the civilized 
world, and the second, if not the first, in commerce. Nor is there 
any danger of a reaction. After cities reach a certain elevation of 
opulence and prosperity, they appear to possess a self-multiply- 
ing, self augmenting power. But independently of this conside- 
ration, the external as well as the internal causes of the opulence 
and extent of New-York will continue in full operation, and with 
additional power , and in proportion as its supplies increase, it 
•will furnish augmented means of consumption at home, and of at- 
traction to customers from abroad. How emphatically then does 
jt behove us, in the contemplation . and enjoyment of these abun- 



DE WITT CLINTON. 



237 



.^ant blessings, to remember tbat we derive them all from the 
Great Fountain of Benevolence ! 

I cannot refrain, upon this occasion, from congratulatmg you 
and our country on the propitious spirit which is generally dilbised 
tlirough the other states, in favor of internal improvements. The 
slr.t-o'f Ohio has now under consideration, a stupendous project 
f )!■ uniting the Ohio river with lake Erie, which may justly be 
coiiMdered a prolongation or continuance of our Erie canal, and 
tviiich will connect the Hudson with the Mississippi, and convert 
;; most important portion of the United States into one vast island. 
I shall welcome the commencement, and hail the consummation 
of that work, as among the most auspicious events in our history. 
It will open to our trade the luxuriant valley of the Mississippi, 
and its auxiliary rivers. It will immeasurably enhance the value 
and usefulness 'of cur ivorks, concentrate the commerce of the 
east and the west in our great emporium, and bind the union to- 
^rether by indissoluble ties. The state of Ohio is distinguished 
for fertility of soil, benignity of climate, moral power, and pros- 
pective resources. The revenue from the canal will pay, in a rea- 
sonable time, the interest of the sum expended for its completion, 
and form a large surplus applicable to the speedy extinguishment 
r,f the debt ; and there can be no doubt, but that the necessary 
funds maybe procured in this state, on easy and satisfactory terms. 

I cannot pass over, in silence, the attempt which has been re- 
cently made to bring the boats navigating our canals, within the 
operation of the statutes for regulating the coasting trade ol the 
United States, by requiring from such boats enrolment and license, 
and the payment of tonnage duties. The canals are the property 
of the state, are within the jurisdiction of the state, have been 
ronstructed by the state, and can be destroyed by the state. They 
have been made at its expense, after the general government had 
refused all participation and assistance. It cannot well be per- 
ceived how the regulation of commerce " with foreign nations, 
and among the several states, or with the Indian tribes," can au- 
thorise an interference with vessels prosecuting an inland trade, 
through artificial channels. The coasting trade is entirely dis- 
tinct from a trade through our canals, which no state in the union, 
nor the general government itself has a right to enjoy, without our 
consent. The consequences of such assumptions would be, il car- 
ried into effect, to annihilate our revenue arising from tolls, to pro- 
duce the most oppressive measures, to destroy the whole system 
of internal improvements, and to prostrate the authority ot the 

state governments. 

A iust exposition of the laws of the United States, cannot au- 
thorise their application to such cases. But if a different inter- 
pretation should prevail, then it becomes a very serious question 
indeed, whether the state can enforce its laws imposing tolls. 
The supreme court of the United States has solemnly adjudged 
that acoastinglicense from a collector is a grant of the right ol 



238 liOVERiVORs" SFEECHES. 

nuvigaiiofi. If so, and that right being derived from a law of cja- 
gress, it will be contended that it cannot be prohibited nor cen- 
1 rolled by any state law ; the right to be complete, must be enjoy- 
ed without restraint. T hestate cannot demand a toll, a? the prict 
r.f the enjoyment of such a right, if it has not the power to pro- 
hibit such enjoyment altogethe}'. 

It may be further remarked, that the power to regulate com- 
merce, among the state?, under which the act regulating the coast- 
ing trade vras passed, is 'neild, by that high tribunal, to be exclu- 
>-ively in -ccngress — If so, and if that act, or any other act, whici- 
T'ongress may pass, unde^- that power, can be applied to the canaU, 
it would follow, as a conseqiierce, that our laws imposing tolls, 
are void fr-oni the begiauing. The state has no power to ado]it 
them ; and in tMs fiew of the subject, it v^'^ould seem to be imma- 
terial whether any licence be taken out snder the act of congrcs- 
The supreme cou/'t htft also declared., that the power to regu- 
late commerce include? a power to regulate navigation, as one 
.means of carrymg or commerce- The tuw.e remark maybe made, 
with equal force, concernbg any Irind ^f transportation, whether 
by land or watet'. the power t3 rcgrdate commerce aj^^ohiag to ti'.e 
one as well as to the othcT, !f c-angress c&n dec^.are, that a boa' 
'|)assing between diflerent parts of the same di'Strict, v>^ithin the 
same state, shall take a license, why catj it not direct that a wag,- 
gon shdl take ^rie, under*imilar circumstance'! ? When we shali 
have anivcd at thi.s point, xfe shall begin to lia\ e Pome adequate 
Tiotion of the extent to ^vhich this claim 11105' be ca^itied. 

I shall say no more oe this subject at this time. I will not ci.- 
t ertaiii a doubt but that t?-t nationa'i g£>ve>T.mcnt will command thf 
•afeKifidonmeTxL Cff a claim so anfounded and pernicious ; and I mv 
persuaded that it has beoK preferred Ti'ithoLit due reflection, tf:j(f 
without instructions froni superior authority. Bttt if this co^ai.se 
shall not be pursued, it Avill thetj be j'^our duty to take tha< 
stand which the rights j'^d safety of i)ie .pe^^p^e impcriou.'?iy de- 
innnd. 

The considerations whicli grc>%v ctit oi' tins octa:-rDn, aad iM 
.complaints which have been made in diflereRt states about alleged 
'oncroachments of the national goveramen'r on fheir constitutional 
powers, point to the most formidable dangers that ■cafi T/ieaace thc- 
stability of the union and the welfare of our counxvy. Witht>-at s 
o-eneral government, we shall neither have union at home nor re- 
spect abroad. We shall be arrayed into separate confederacies, 
or exist as insulated states, maintaining large standing armies, 
wasting our resources in intestine wars, the dupes of foreign in- 
tri^me, and the victims of civil discord. Without state a»thoritics, 
there can be no civil liberty ajtd no good government ; for it is 
utterly impossible that so extecsive a country can be bound to- 
gether, unless as a confederation or a military despotism. Every 
true friend of America will strive to maintain these respectiv 
authorities in full purity and vigor, without detracting from the 



BE WITT CLiNTO'X. 239 

'powers of the one to add to Ihose of the other, ncr cxtoridiiig tht. 
•5icidties of either beyoml their legitimate dimensions. Each pos- 
sesses a porticn of the delegated authority of the people, and 
each is supreme within the sphere of its constitutional powers, 
rhe apprehensions entertained by some of cur distinguished 
'latcamen at the formation of the national constitution, have en- 
tirely failed ; and instead oi' the predominance of a controlling 
;;)Ower in the states, the centripetal force of the general govern- 
;3ier,t lias had' perhaps too great a preponderance. The oflices of 
"he latter exceed those of the former, in rank, power, number and. 
;^molun-rent : its patronage is commensurate with its superior re- 
sources ; and it touches, in its relations and ramifications, every 
' hord of ambition ; presents the most spacious theatre for the dis- 
play of great talents,. awl for the gi\itiiication of lofty aspirations. 
!t s^bo possesses^ a decided advantage over the state governments 
u the arrangement of its judicial authority. In all controversies 
•elative to the due exerc-se of their powers, this department of 
'iic national government is a tribunal of dernier resort, without any 
'iinenabiiily to the people or the states, with a compensation that 
vaunotbe diminished, under a tenure that will endui'e for life, and 
Ailh no other responsibility tlian liability to impeachment for high 
• riiiics and misdemeanor?, vA"ider VT'hich any decisions, however 
itoneous, can never be classed, because an errcr of judgment 
'a?!- never be adjlidgeol a crime. 

ij^atural justice pi^escribes that no man should be a judge in 
!jis own cause, and that between contending sovereignties neither 
thould pronounce the law of the case. A new tribunal ought i& 
)c constitutedv to decide apon the powers of the national and state 
governments, and to- keep them within legitimate boundaries. I 
^nowdf none thatcanbe fornM?d with a character so imposing, with 
. lo.^liuiisibility so imperative, and with a position sO'dignitied, as the 
senate of the United States, Composed of the most distinguished 
4nd talented n'.«n of the se-^eral states, its decisions would be form- 
ed with integrity and ability, and received with respectful acqui- 
escence. As' a co-ordinate branch of congress, and as a compo- 
r>ent part of the executive power, it would be a safe guardian of 
die just authority of the national government ; and as a represen- 
tation of the states with a periodical change of members, it would 
be their natural and efficient protector aga?nst unconstitutional in- 
tasions. In these suggestions, I have not the most distant inten- 
tion of violating the habitual respect which I entertain for the su 
preme judiciary cf the UTiiwn. 

A judiciou* policy will dispense, as far as possible, an equal 
particif'Titioir of the benefits of cheap and rapid communication. 
Those regions which are more distant from our navigable establish- 
ments ought to enjoy equivalent facilities by roads and bridges. 
The southern tier of coitnties, commencing with Chautauque, and 
extending eastward, come generally under this description. In all 
."•jfie- cf thit-^kind. pcads ought to be made from the interior coun- 



240 governors' speeches. 

try to the market towns on the Hudson and other navigable v.'a- 
ters ; to the canals ; to the parallel and great lakes ; and to ail 
other places where the conveniences of transportation are effect- 
ed. It is of great consequence to construct a state road iioni 
some point of the Hudson river to the head of the Cayuga lake- 
nearly central between the line of the Erie canal on the one side, 
and the Pennsylvania line on the other. Such an avenue, of re- 
quisite solidity, of adequate width, and smooth and even surface, 
would afford great and valuable facilities. The distance would be 
about 150 miles, and each end of the road would furnish good 
markets to an important region of the state, now remote and in a 
great degree sequestered. Whenever this is the case, trade is i;i. 
some degree managed by barter or exchange, as a substitute for 
circulating medium. The impositions and errors that necessarily 
result from negociations transacted without a cei'tain standard of 
value, are injurious to morals and social harmony. It ought not to 
be forgotten, that during four months of the year, when our navi- 
gation is obstructed by ice, it is peculiarly requisite that our high- 
ways should be maintained in good condition. 

A report on the Cayuga marshes will be made to you by one of 
our most able civil engineers. And if it should prove favourable 
to the practicability of the contemplated enterprise, the obvious 
utility will be recognized in promoting the public health, and in re- 
claiming a considerable portion of our most fertile lands, now untit 
for cultivation. 

I beg leave to call your attention to our salt works in Onondaga 
county. By proper regulation and management, the whole coun- 
try may be supplied with this indispensable article, at the cheapest 
rate ; and a revenue of half a million of dollars may, in a few 
years, accrue to the state. A board of commissioners, instituted 
to make the necessary investigations, and to recommend the most 
eligible system, is a measure well worthy of your attention. 

The erection of wharves, and other accommodations for trade, 
on our navigable lakes, will be promoted by investing the commis- 
sioners of the land-office with the like powers in this case as in 
that of grants under the waters of navigable rivers to the propri- 
etors of the adjacent lands. 

I intended to submit to you some observations on our penitentia- 
ry system ; but I understand that a board composed of intelligent 
men, have been charged by the legislature to consider this subject, 
and that their report will in due time be presented to you. I shall\ 
therefore only say, that a classitication of offenders, separate dor- 
mitories, solitary confinement and steady labor, are essential to the 
success of the system, and that it may be so administered as to af- 
ford the means of its own support, without any expense to the 
state. Whenever the pardoning power has been extended too far, 
whether in consequence of recommendation proceeding from the 
most benevolent feelings in some instances, or from the crowded 
state of the prisons, the usefulness of the penitentiary system has 



DE WITT CLINTON". 241 

been impaired. It i.« your duty to provide the means for execu- 
ting the laws, and it is my duty to see them executed. And I shall 
certainly exercise the prerogative of mercy, with a view only to 
t!ie legitimate objects of punishment, the reformation of oft'enders, 
and the prevention of crimes. 

A house of refuge, for the reformation of juvenile delinquents, 
has been established by a benevolent association in the city of 
New-York. Its objects are to rescue them from destruction by 
disciplining them in virtuous and industrious habits ; and a full 
statement of the views and concerns of this excellent institution, 
will, in due season, be made known to you. Of a kin to this es- 
t:i'il!s!iment, and with a preventive as well as remedial tendency, 
is tiK' Orphan Asylum in that city, under the auspices of females 
of distinguished benevolence. It takes under its protection chil- 
dren who have been left in an orphan-state, and trains them up in 
the paths of virtue and usefulness. The Lunatic Asylum has par- 
licipatcd largely in the bounty of the state, is well managed, and 
may be justly classed among our most important charities. Ano- 
ther unfortunate description of human beings, the deaf and dumb, 
are committed to the instruction of a laudable institution, incorpo- 
lated in the city of New-Yoi'k, which will apply to you for a re- 
newal and modification of the statute passed in 1822, to promote 
the education of the indigent deaf and dumb within this state. 
That act provides for four pupils from each senatorial district, and 
aiithorises their support from the state treasury. Twenty-seven 
are now in the school as state pupils ; but there are between 
thirty and forty applicants who cannot be received from districts 
that have the prescribed complement, and vacant districts cannot 
be filled from other districts. It is desirable to augment the num- 
ber to six from each district, and to allow vacancies to be supplied 
from other districts when there are no applicants. A society for 
the same purpose, denominated the Central, was incorporated in 
1823, and established in Canajoharie. Of its condition, I have 
no specific information. When the census is taken, it will be use- 
ful to have an enumeration of the deaf and dumb, designating sex- 
es, ages, and circumstances. Information of their ages is desira- 
ble, because the only docile objects are those between ten and 
twenty-five years of age ; and a knowledge of their means of sup- 
port is necessary, in order to ascertain the needful extent of 
public charity. This has, I believe, been done in some states. 
In Ohio, the number was found to be 428. 

An enumeration of insane persons should also be taken, arran- 
ging them under the heads of criminals, paupers, and in good cir- 
cumstances. The criminal lunatics in Great Britain are composed 
of those who are committed under the statute against disorderly 
persons, and of another class, for which I believe, no provision 
has been made in our code ; and which ought to be attended to. 
If on the trial of a person, charged with treason, murder or felony, 
in that country, a defence of insanity is set up, and if the jury 

31 



242 governors' speeches. 

acquit the prisoner on that ground, the court may, notwithstand- 
ing, continue him in confinement. 

Too much praise cannot be ascribed to the founders and pa- 
trons of these and other useful charities. If there be vices, 
which inflict their own punishment, there are also virtues wiiich 
dispense their own reward, and receive the veneration of the pre- 
sent age, the benediction of posterity, and the smiles of approving 
Heaven. 

Judging from the reports of the Adjutant-General and Commis- 
sary General, made at the last session, I have reason to believe 
that the state of our militia and arsenals is flourishing. The im- 
portance of these objects entitles them to cordial and vigilant cul- 
tivation. A respectable portion of our fellow-citizens, recom- 
mended to our favorable notice by their virtuous lives, exemplary 
habits of industry and zealous co-operation in all benevolent un- 
dertakings, are conscientiously opposed to bearing arms, and to 
the payment of fines imposed for non-attendance in the militia. 
A complete relief can only be effected by the interposition of con- 
gress, or by an alteration of the constitution ; and that it ought to 
be granted, I entertain no doubt. A sufficient equivalent is al- 
ready rendered to the state, by the exclusive support of their own 
poor, besides their full participation in the maintenance of the 
poor in general. In this enlightened age, when the rights of man 
are fully understood and practically asserted, it is surely not com- 
patible with the tolerant and liberal spirit of the limes, to wound 
the consciences of our unoffending fellow men. At all events it 
lies in your power to guard against abuses in the penal inflictions, 
which it is believed, have in some instances, been carried to op- 
pressive lengths. 

During your session, you will be called upon to elect a senator 
of the United States. I need not enforce the considerations which 
will naturally occur to you on this interesting occasion, nor urge 
the expediency of selecting a person of great experience in pub- 
lic affairs, of approved capacity, of unquestionable fidelity and of 
distinguished public services. Such a representative is alone 
Worthy of the state, and is required by the interests of the union. 

The reception of General La Fayette, has been equally hono- 
rable to him and to the nation. It has illustrated the good feelings 
of the people, rescued free governments from the standing re- 
proach and inculcated a great moral lesson on the world. The me - 
rits of this illustrious man are embodied in the leading events of 
his well spent life, and recorded in the faithful pages of history. 
Although one of the privileged orders of France, he embarked 
his fortune, his character, and his life in the cause of our republic, 
andinthe very crisis of its fate. During the revolutions which 
have subsequently agitated Europe, he has been uniformly the in- 
trepid, the faithful friend of freedom, neither turning to the right 
nor to the left, but marching onward in the great cause of princi- 



L>E AVITT CLINTON. 243 

pie, defying the denunciations of jacobin?, and encountering the 
frowns of tyrants. 

During his short residence, in this state, he was received by our 
chief magistrate, by our municipal authorities, and by the great 
body of the people, with distinguished respect. His old compan- 
ions in arms, the war-worn soldiers of the revolution, and the ve- 
nerable patriots of the times that tried men's souls, gathered around 
their friend, and the generations that had sprung up in his absence 
hailed him, as the champion of liberty and the benefactor of the 
human race. It remains for ttie legislature to unite in the general 
voice, and to adopt measures suitable to the occasion, and worthy 
of the state. The recent demonstrations of national gratitude re- 
flect honor on the source, rnd render justice to the object, and are 
cheering to the hearts of tlie American people. 

The most friendly feelings, I have reason to believe, exist be- 
tween this state and the oth'.r members of the confederacy, which 
I hope will ever prevail, to the utter exclusion of sectional jea- 
lousies and geographical prejudices. Our controversies aboutju- 
risdiction and territory have been definitively settled with all, ex- 
cept the state of New-Jersey ; and seeing no reason why an ami- 
cable adjustment, on the most honorable terms, should not be ef- 
fected. I earnestly recommend that provision be made for that pur- 
T)ose, in accordance with the law passed by that patriotic state, 
M'hich I shall cause to be laid before you. 

The protection of our great commercial emporium from pesti- 
lential diseases is essential to the general welfare. I sincerely 
hope that the prejudices which have sometimes arrayed in con- 
tention with each other, country and city interests, will be forever 
dismissed as unworthy of the good sense and good feelings of the 
community, and that the prosperity of each will be considered the 
prosperity of both. Our quarantine laws ought to be executed 
with vigilance and energy, and suc!i improvements adopted as will 
effectually guard against danger from abroad : for on any theory 
that has been suggested, a precautionary system is necessary, 
Avhether malignant or yellow fever is propagated by specitic 
contagation, or introduced b}' the deleteiious state of vessels and 
cargoes. 

The police of the city of New-York is excellent in relation to 
crimes, but in reference to health it has no distinguished merit. 
Without good water there cannot be good health ; and no effectual 
provision has been made for thai object. It may be laid down as 
an incontrovertible truth, th. t no dense population can furnish 
from within its own limits, an adequate supply of this indispensa- 
ble accommodation, with reference to quality and quantity. As 
there is nothing to prevent your favorable interposition, 1 trust that 
you will dispense it with a liberal hand to all lauda])le attempts, 
whether by the local government, by priv te associations, or by- 
enterprising individuals, to furnish a sufficiency not only for all do- 



244 governors' speeches. 

mestic purposes, but for public batlis, for cleansing the streets, and 
for the general purification of the city. 

An annual law is generally passed, authorising certain aliens, by 
name, to take, hold, and dispose of real estate, in like manner as 
natural-born citizens. Such a provision is proper, and operates 
as an encouragement to wholesome emigration. But may not 
this object be more etTectually and comprehensively attained by 
passing a general law, empowering, under certain restrictions, re- 
sident aliens to enjoy similar privileges. 

Our legal rate of interest ibr money was established at a re- 
mote period, and is one per cent, higher than in some of the most 
flourishing states. Your attention to a suitable reduction, may be 
of great benefit to the public. 

The mercantile interest is greatly aggrieved by the law rela- 
tive to merclianls and factors, or agents, as recognized in England, 
transferred to this countr}', and incorporated in our judicial decis- 
ions. The parent case on this subject was laid down by Lord 
Chief Justice Lee, in 1742, and may be found under the head of 
Paterson vs. Tash, in the second volume of Strange's Reports. 
Although the facts of the ca:-e do not appear, and the adjudication 
itself is exhibited in a suspicious shape, ^^et it has been implicitly 
and servilely adopted ; and it is now considered as settled law, 
that if a factor pledges the goods of his principal, the person who 
has advanced money upon them, in ignorance of his being a factor, 
connot hold the goods as a security for his advances. And another 
rule equally exceptionable has been established , namely , that the fac- 
tor cannot bind his principal in cases in which the bona fide pur- 
chaser can have no means of discovering the extent of his autho- 
rity, or the fact of his not being a principal. This law is different 
from that of France, Russia, Austria, Spain, the Hanse towns, 
Holland, and indeed of almost all Europe ; and is found to be so 
pernicious in its operations in Great Britain, that a bill has passed 
the house of commons, and will probably become a law, conforma- 
ble to the general sense of commercial countries. In mercantile 
arrangements, it frequently occurs that there are several advances 
made between the shipment and sale of commodities — by the for- 
eign shipper or consigner to the foreign proprietor — by the con- 
signee to the consigner, who is himself a factor — and by some of 
the capitalists to the factor, in consequence of a difficulty in finding 
a ready and advantageous sale. All these arrangements for the 
convenience of commerce are impeded, jeopardized, andfrequent- 
ly frustrated by the existing law ; and our merchants are now pla- 
ced in a most peculiar position. Laws operating injuriously on 
individuals and on commerce, and founded solely on British prece- 
dents, continue in force with us; wlrile Great Britain has found 
tlie same laws so inconvenient and unwise, that her parliament has 
passed one statute, and is aboutto pass another,, for correcting the 
eviL 



DE WITT CLINTON. 245 

Our laws in relation to the estates of intestates and testators are 
of similar origin, and operate in many cases injuriously on the claims 
of justice and the interests of society. Why should there not be 
a pro rata dispensation of })ayments to all bona fide creditors, with- 
out reference to specialties or other preferences, as now recogni- 
zed ? And might not salataiy rules be adopted to enibrce the 
prompt settlement of estates, and to sanction the probate ot^ wills, 
without encountering the expense and delay, which are nov just 
subjects of complaint ? Indeed, the whole systemof our jurispru- 
dence requires revisal, arrangement, and correction. A complete 
code founded on the salutary principles of the common law, adapt- 
ed to the interests of commerce and the useful arts, the state of so- 
ciety and the nature of our government, and embracing those im- 
provements which are enjoined by enlightened experience, «lould 
be a public blessing. It would I'ree our laws from uncertainty, 
elevate a liberal and honorable profession, and utterly destroy ju- 
dicial legislation, which is fundamentally at war with the genius of 
representative government. . 

You will excuse me from adverting to a subject of a delicate pa- 
ture, but v^hich is so very important that I cannot, consisterjtly 
with my sense of duty, pass it over in silence. The mixture of 
incongruous subjects in the same bill, has always been considei^ed 
an unsound mode of legislation. Every provision ought to stabd 
on its own merits, and it should consequently be unconnected witli 
irrelevant matter. On the last reading the final question is tak^ii 
on the whole bill. When compounded of various matters, it mft) 
be improperly forced into alaw by the variety and extension oftlie 
interests which it propitiates. At one time this mode of hetero- 
geneous legislation was carried so far that the council of revision, 
during the administration of my venerable relation, olrjected to a 
bill on that account. The practice was partially dii^continued for 
a time ; but it has since been })ursucd in a bill necessary to be pas- 
sed at the close of every session, called a supply bill, and wliicli 
sometimes contains provisions entirely misplaced. 

But this procedure is not so pernicious as a novel practice, 
which has been introduced since the adoption of the present con- 
stitution, in relation to certain bills which cannot become laws with- 
out the sanction of two-thirds of each branch of the legislature. It 
was formerly laid down as a sound rule of legislation, that after a 
bill was rejected, it should not be re-introduced the same session ; 
and that after one reconsideration, a proposition should be viewed 
as atits termination The object of these regulatiojis was, to guard 
against an unnecessary waste of time, to promote economy, and to 
prevent the introduction of practices incompatible with puiity and 
good order, and injurious to the harmony of the legislature. — 
What is well considered, does not require frequent reconsidera- 
tion. The fair object of the latter is, to introduce new light, and 
to present impressive facts and considerations; which Jiad not been 
suggested, or known in due season. 



246 governors' speeches. 

For the two last sessions of the legislature, if I am rightly m- 
forn^ecl, it has been customary, after the rejection of a bill, on the 
thir<l reading, for the want of the requisite two-thirds of the mem- 
bers to vote for, and obtain, frequent re-considerations. By this 
means, a number of bills of the same kind, are accumulated for pass- 
ing, and the object for which a re-consideration is granted, is thus 
defected. The end, in such case, is to obtain a favorable decision, 
by tlie force of combination. A number of bills are brought up at 
one time, contending for priority ; but after the order of prece- 
dence is arranged, the pioneer bill, if successful, opens a passage 
for its associates, and they follow triumphantly in its train — if un- 
successful, they are postponed to a more favorable opportunity. 
Is it too much to say, that dangerous precedents have been estab- 
Ifehed ? That bills have passed by the force of their associations, 
not by their merits ? And that public confidence is shaken in the 
purity of such proceedings. After this exposition, it is due to the 
respect which I entertain for your integrity, pati'iotism and intelli- 
geice, to express my conviction, that you will discourage practices 
80 injurious to just legislation, and so derogatory from the public 
welfare. 

Having already trespassed on your time, I shall reserve for fu- 
ture communication, such other subjccls as may be deemed worthy 
of your consideration. 

( The causes which led to our divisions and distractions, no longer 
jpredominate. We are emancipated from <he thraldom of a system 
of patronage, which formed a component part of our former con- 
stitution, and whose direct tendency and inevitable operations were 
to agitate the community with incessant convulsions ; to make per- 
sonal gratification the standard of political orthodoxy ; to render 
the state the victim of political machinations at home and from 
abroad ; and to convert the very favors conferred by its bounty 
into the instruments of its vassalage and degradation. With a full 
view of these evils, I recommended at an early period a different 
arrangement of the appointing power. The patronage once vest- 
ed in a council of appointment is now diffused ; and political pow- 
er, which under the former order of things was in many respects 
concentrated in petty aristocracies, and wielded by fiictious combi- 
nations, has been in a great measure restored to its authentic source, 
the great body of the people. That abolition, and that restoration, 
have dissolved the union between personal interest and political 
subserviency. The people, rising in the majesty of their power, 
above the debasing trammels of names, and the obnoxious dicta- 
tions of combinations, have sustained and vindicated a system of 
disenthralled and independent suffrage ; and the auspicious influ- 
ence of this magnanimous course will be witnessed in the indepen- 
dence and purity of the elective franchise, in the talents and integ- 
rity of our legist itive assemblies, and in the correspondent estima-^ 
tion of the state with our sister republics, and in the councils of 
the union. 



DE WITT CLINTON, 247 

We possess a territory of great extent ; a soil of inexhaustible 
fertility, a climate of undoubted salubrity ; subterranean wealth 
almost boundless ; incalculable extent of manufacturing power ; 
positions for prosperous commerce, unsurpassed upon the globe ; 
vast public property in lands, stocks and canals ; a flourishing 
treasury, a prospective and certain revenue of miUions ; a system 
of laws under which the rights of persons and property are secu- 
red, and still susceptible of great improvements ; and above all, 
may we not say without arrogance and without flattery, hat our 
population is religious, moral, industrious, intelligent, enterprising 
and high spirited, profoundly conscious of its rights, its duties and 
its blessings ; with the principles and feelings of freedom engraft- 
ed into its moral and physical being ? Enjoying as we do, these 
transcendent blessings, it remains for ourselves to determine wheth- 
er we are worthy of the career which the Author of all good has 
opened to us, whether we have wisdom and virtue enough to be- 
come what he has given us the means, and indicated as his wish 
that we should become, a main pillar in the great and glorious fa- 
bric of freedom and social happiness, reared by the valor, estab- 
lished by the wisdom, and cemented by the blood of our fathers, 
blessing as we are blessed, and ministering as we are ministered 
unto ; or whether we are to prove recreant to these elevated and 
imperative duties, and by wasting our strength and sullying our 
character in petty cabals, intrigues and local agitations, commen- 
cing in folly and terminating in disgrace, we cast away the rich 
bounties of heaven, undermine our own prosperity, and retard the 
establishment of principles asssociated with the exalted destinies 
of freedom, and identified with the primary interests of the hu- 
man race. 

DE WTTT CLINTON. 

Jilhany, 4th January, 1825. 



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